Disinheritance

Question 1

What is disinheritance?

Answer 1

It is an act of the testator in depriving a compulsory heir of his legitime for causes expressly stated by law.

Question 2

What is the purpose of disinheritance?

Answer 2

The purpose of disinheritance is not vengeance but retribution. Inasmuch as there can be no feelings of vengeance between parents and children or between husband and wife at the supreme hour of death.

Question 3

What are the requisites for a valid disinheritance?

Answer 3

The following requisites must concur for a valid
disinheritance:
1. must be expressly stated by law
2. must be effected through a valid will
3. must be specified in the will itself
4. the cause of the disinheritance must be certain and true
5. must be total and complete
6. must be unconditional

Question 4

Who has the burden of proving the truth of the cause of disinheritance?

Answer 4

The burden of proof rests upon the other heirs of the testator if the disinherited heir should deny it

Question 5

Mr X had a daughter D. Mr X said in his will, “I hereby disinherit my daughter, who is a living disgraceful life, insofar as one half (1/2) of here legitime is concerned. Is there a valid disinheritance?

Answer 5

None. Because the disinheritance is not total.

Question 6

Why must the disinheritance be total?

Answer 6

Because the offense is one. It cannot be separated into component parts.

The injury to the feeling is also one. It cannot be erased in one part and contained in another part of the heart. The testator cannot be partly offended and partly not.

Question 7

Suppose X said in his will, “I hereby disinherit my daughter if she elopes with another man.” Is there a valid disinheritance?

Answer 7

None. Because it is conditional.

Question 8

Suppose X said in his will, “I hereby disinherit my
daughter D because she eloped and is now living with a married one. But if she returns to the family fold, this disinheritance would be void.” Is there a valid disinheritance?

Answer 8

Yes. Because the disinheritance itself is not conditional. It is the revocation of the disinheritance which is conditional.

Question 9

Why must the disinheritance be unconditional?

Answer 9

Because the disinheritance must be for an existing cause.
A person cannot be deprived of his legitime for an act which is not yet done. Disinheritance is a form of penalty, so the cause must have already been committed.

Question 10

Suppose X stated in his will that should his son S, maltreat him, S shall be disinherited. Thereafter, S maltreated X. Can S be disinherited?

Answer 10

No. He cannot be disinherited because the disinheritance was conditional. X should have made another will
disinheriting S, due to maltreatment.

Question 11

X stated in his will, “If my son S will reform his ways, he will inherit”. Is this provision valid?

Answer 11

Yes. For this provision is a revocation of disinheritance, so, it can be conditional.

Question 12

Why is civil interdiction included?

Answer 12

Because it reflects the immorality of the child and is a source of dishonor to the family. Besides, succession is granted by law. So, if there is civil interdiction, the rights of the heir are suspended, because succession is a statutory right and not a natural right.

Civil interdiction is imposed in crimes punishable by death, reclusion perpetua and temporal.

Question 13

When is there maltreatment?

Answer 13

1. maltreatment by deed
   Covers all acts of violence against the person of the testator, short of an attempt to take his life, whether physical injuries are produced or not.
2. maltreatment by word
   Amounts to slander, addressed directly and personally against the testator himself.

Question 14

S tried to kill his father X by strangling. To prevent a scandal, no charge was filed against S. Can X disinherit him?

Answer 14

Yes. On the ground of maltreatment by deed.

Question 15

Will there be a valid disinheritance if you were disinherited by your father because you had sexual intercourse with the family driver?

Answer 15

None. The words leading a dishonorable or disgraceful life implies continuity. Hence, a single or an isolated act which may be reprehensible or unconventional will not be sufficient.

Question 16

If you were disinherited by your father because you married a man which your father greatly disliked, is there a valid disinheritance?

Answer 16

None. It is not one of the causes provided by law for valid disinheritance.

Question 17

If you were disinherited by your father because you become a mormon and he is a devout catholic, is there a valid disinheritance?

Answer 17

None. It is not one of the causes provided by law for valid disinheritance.

Question 18

If you were convicted by final judgment for your attempt to kill your uncle, the brother of your father, and you were sentenced of imprisonment for six (6) years and one (1) day, can you be validly be disinherited by your father?

Answer 18

NO. The law speaks only of an attempt against the life of the testator, his or her spouse, descendants or ascendants.

A brother is not included in the aforementioned enumeration. A brother is merely a collateral blood relative.

Question 19

What if the conviction carries with it the penalty of civil interdiction?

Answer 19

Then there will be a valid disinheritance, under No 8 of Article 919.

Question 20

X has two sons named A and B. A attempted to kill his brother B. Charges were filed against A. Can X disinherit A?

In the preceding problem, suppose the RTC convicted A but the CA reversed the decision. Can X still disinherit A?

Answer 20

Yes. Because X is a descendant of B.

No. Because the prosecution is dismissed even if it is provisional in nature.

Question 21

T disinherited his son, S because he looks more like his neighbor than him. Is this valid?

Answer 21

No. Because it is not one of the ground expressly provided for by law for disinheriting a child.

Question 22

Can you be validly disinherited if you attempted to kill your father but the family did not file charges?

Answer 22

Yes. On the ground of maltreatment by deed.

Question 23

What about if you stabbed your father and was convicted of the crime, but thereafter, pardoned by the President. Can you still be validly disinherited?

Answer 23

Yes. Even if there is a pardon, disinheritance is still proper.

Exception: if the pardon is based on the heir’s complete innocence.

Question 24

Suppose that your father tried to kill your mother, but they subsequently reconciled, can you validly disinherit your father?

Answer 24

No. The reconciliation between the parents deprives the child of the right to disinherit the offending spouse.

Question 25

In the preceding problem, suppose that your mother filed charges and your father was convicted, but there was subsequent reconciliation, can you validly disinherit your father?

Answer 25

Yes. On the ground of conviction of an attempt against the life of an ascendant of the testator.

Question 26

Suppose that you testified against your father on charges of murder, but he was subsequently acquitted based on a reasonable doubt. Can your father disinherit you?

Answer 26

No. Lack of proof beyond reasonable doubt or lack of criminal intent does not necessarily mean that the accusation was groundless.

Question 27

X was charged with murder. One of the witnesses who testified against him during the trial was his son S. X was convicted.

1. Can X disinherit S?
2. Suppose X was acquitted, can he disinherit his son S?

Answer 27

1. No. Because the charge was not groundless.
2. The answer needs to be qualified:
   a. If the acquittal was beyond reasonable doubt, the accusation is groundless. Consequently, it can be the basis of disinheritance.

b. If the acquittal is not beyond reasonable doubt,
the accusation may not be groundless. So it cannot be a basis for disinheritance.

Question 28

Suppose X has two (2) children, a son and a daughter. X induced his daughter to become a prostitute, but the daughter flatly refused.
1. May X be validly disinherited by his daughter?

2. If it was a brother who induced his sister to be prostitute, may the sister disinherit his brother?
3. In the preceding problem, suppose that it was the son who was induced by the father to become a callboy. May
   the son disinherit his father?
4. In the preceding problem, may the son disinherit his father?

Answer 28

1. Yes. On the ground that the parent induced his daughter to live a corrupt or immoral life. Even if the inducement was unsuccessful. Mere attempt to induce is a sufficient ground.
2. No. After all, there would be no need to disinherit the
   brother because he is not a compulsory heir of his sister.
3. No. But this may be a ground for loss of parental authority. Once parental authority is lost, disinheritance shall apply.
4. No. Because the term daughter refers only to female descendants. But this may be a ground for loss of parental authority. Once parental authority is lost, disinheritance shall apply.

Question 29

1. Suppose it was the grandfather who induced his granddaughter?
2. Suppose that it was the grand son?

Answer 29

1. Yes.

2. No. Although the law mentions only daughters, it must be construed to mean all female descendants.

Question 30

Suppose that T stated in his will, “I disinherit my son X”. But T did not give any reason as to the cause of the disinheritance. Is there a valid disinheritance?

Answer 30

No. Causes must be stated in the will.

Question 31

When is there an ineffective disinheritance?

Answer 31

There is an ineffective disinheritance when:

1. there is no cause stated
2. the cause was denied by the heir concerned and not proved by the instituted heir
3. the cause is not one of those provided for by law.

Question 32

Suppose that X in his 1985 will, said “I gravely resent the conduct of my son, S, who has maltreated me”. Then in a 1995 will, X said, “I disinherit my son S for the cause which I have stated in the 1985 will”.

1. Is there a valid disinheritance?
2. In the preceding problem. Would it make a difference if in his 1995 will, X merely said, “I hereby disinherit my son S” without mentioning the 1985 will?

Answer 32

1. Yes. There is a valid disinheritance even if the cause for it has been expressed in one testament and the
   disinheritance is made in another provided that the necessary connection between the cause and the disinheritance is clearly established.
2. Yes. In this case, there is absolutely no connection between the two (2) statements and the disinheritance affected can be considered as without legal cause and therefore, ineffective.

Question 33

Suppose that you are married to Ms Roque. You tried to kill her, but she did not file any charges.

1. Can Ms Roque validly disinherit you?
2. Even if there is no criminal conviction on your part?
3. Supposed that Ms Roque chanced upon you having sexual intercourse with the housemaid?

Answer 33

1. Yes. Because I have given a cause for legal separation.
2. Yes. Because the fact of having given a cause for legal separation it is sufficient ground for disinheriting a spouse.
3. There can be a valid disinheritance for it constitutes an act of sexual infidelity which is one of the grounds of legal separation.

Question 34

What is the effect of reconciliation?

Answer 34

Reconciliation between the offender and the offended person deprives the latter of the right to disinherit and renders ineffectual any disinheritance that may have been made.

Question 35

When is there reconciliation?

Answer 35

When there is resumption of friendly relations.

Question 36

Is reconciliation the same as pardon?

Answer 36

No. Pardon is a unilateral act, while reconciliation is a bilateral act that needs to be accepted by the offender.

Question 37

If a compulsory heir is validly disinherited, can he still inherit from the testator?

Answer 37

Yes. If there is a revocation of the disinheritance.

Question 38

What are the causes of revocation of disinheritance?

Answer 38

1. subsequent reconciliation
2. subsequent institution of the disinherited heir
3. nullity of the will containing the disinheritance

Question 39

If the disinherited heir has his own children, may the children inherit from the testator?

Answer 39

Yes. The children and the descendants of the disinherited heir shall take his/her place and shall so preserve the rights of the compulsory heirs with respect to the legitime.
But the disinherited parent shall not have usufruct or the administration of the property which constitutes the legitime.

Question 40

If an heir is imperfectly disinherited can he inherit from the testator?

Answer 40

Yes.

Question 41

Can the imperfectly disinherited heir inherit more than his legitime?

Answer 41

It depends.

No. Where the testator has made dispositions of the entire estate, the nullity or ineffectiveness of the disinheritance produces the annulment of testamentary dispositions only insofar as it prejudices the legitime of the disinherited heir. It does not affect the dispositions of the testator with respect to the free portion.

Yes. But if the testator did not dispose of the free portion, in his will, to others and the disinherited heir is also an intestate heir, then, by the nullity or ineffectiveness of the
disinheritance, the disinherited heir must receive not only his legitime but everything that he is entitled to get by the laws of intestacy.

And if in a previous will there are testamentary
dispositions affecting the free portion in favor of the
compulsory heir, the nullity of the subsequent
disinheritance restores the effectiveness of such
testamentary dispositions in his favor.

As to the representatives: If the testator has not disposed of the free portion to others and has merely provide for the disinheritance of a child or a descendant, who has an intestate heir is entitled to more than the legitime, the
representation should extend to everything that would have passed to the disinherited heir by operation of law.

This includes the amount that pertains to him, as an
intestate heir and not only that as compulsory heir.

Question 42

What are the effects of Disinheritance?

Answer 42

Effects of Disinheritance:
1. It deprives the compulsory heir, who is disinherited, from participating in the inheritance, including his legitime.

2. If the compulsory heir who is disinherited, has children or descendants, such children or descendents shall take his/her place and shall preserve his/her right with respect to the legitime, although the disinherited parents shall
   have no right of usufruct or administration of the property, which constitutes the legitime. (This is by virtue of representation. Applies only in the direct descending line, but never in the ascending.)