B15. Disinheritance

Question 1

a) Grounds for Disinheritance

Common causes for disinheritance of children or descendants, parents or ascendants, and spouse:

Answer 1

a. When the heir has been found guilty of an attempt against the life of the testator, his/her descendants or ascendants, and spouse, in case of children or parents;

b. When the heir by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made;

c. When the heir has accused the testator of a crime for which the law prescribes imprisonment of six years or more, if the accusation has been found groundless;

d. Refusal without justifiable cause to support the testator who disinherits such heir;

e. Maltreatment of the testator by word or deed, by the child or the descendant;

f. When a child or descendant leads a dishonorable or disgraceful life;

g. Conviction of a crime which carries with it the penalty of civil interdiction; or

h. When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator

Question 2

2. Peculiar Causes for Disinheritance a. Children and Descendants:

Answer 2

2. Peculiar Causes for Disinheritance a. Children and Descendants:

i. Conviction of a crime which carries with it a penalty of civil interdiction;

ii. Maltreatment of the testator by word or deed by the children or descendant;

iii. When the children or descendant has been convicted of adultery or concubinage with the spouse ofthe testator; or

iv. When the children or descendant leads a dishonorable or disgraceful life.

Question 3

b. Parents or Ascendants:

Answer 3

i. When the parent or ascendant has been convicted of adultery or concubinage with the spouse ofthe testator;

ii. When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or attempted against their virtue;

iii. Loss of parental authority for causes specified in the Code;

iv. Attempt by one of the parents against the life of the other, unless there has been reconciliation between them;

v. When the parent or ascendant has accused the testator of a crime for which the law prescribes imprisonment for 6 years or more;

vi. When the parent or ascendant by fraud, violence, intimidation or undue influence causes the testator to make a will or to change one already made; or

vii. The refusal to support the children or descendants without justifiable cause

Question 4

c. Spouse:

Answer 4

i. When the spouse has given cause for legal separation; or

ii. When the spouse has given grounds for the loss of parental authority.

Question 5

Reconciliation

Answer 5

Reconciliation exists when two persons who are at odds decide to set aside their differences and to resume their relations. They need not go back to their old relation. In order to be effective, the testator must pardon the disinherited heir. The pardon whether express or tacit, must refer specifically to the heir disinherited and to the acts he has committed, and must be accepted by such heir. In disinheritance, reconciliation need not be in writing.

Question 6

Effects of reconciliation:

Answer 6

Effects of reconciliation:

1. If it occurs before disinheritance is made, the right to disinherit is extinguished;
2. If it occurs after the disinheritance is made, the disinheritance is set aside. (Balane, 2010)