What is the process of disinheritance? What are the grounds to disinherit an heir? Who can revoke a disinheritance?
Children often cause troubles and sometimes headaches to their parents. That is perhaps the way of life. But when bad actions of children become so serious, parents may resort to drastic measures to punish the child. One of these extreme punishments is disinheritance.
Disinheritance is a legal tool
Disinheritance is the mechanism for someone to deprive his compulsory heir of his or her inheritance.
As the Civil Code explains:
Article 915. A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law.
The compulsory heirs include legitimate children, parents, the spouse, and even illegitimate children.
A legitime is that part of a decedent’s estate which has been reserved by law to be given to compulsory heirs.
A parent may disinherit, for example, his children or his spouse.
Since the law reserves the legitime of a compulsory heir, the general rule is that a decedent cannot dispose of this portion of his estate.
Disinheritance is the exception to this general rule. This legal tool is an arrow in the quiver of a decedent to protect his estate from those undeserving.
Valid disinheritance
Someone cannot just disinherit his heir for any reason whatsoever and through any means.
First, the Civil Code makes it clear that disinheritance can be made “for cause expressly stated by law.”
Second, the law further states an important requirement on where the disinheritance must be made:
Article 916. Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified.
It is only through a valid will can someone disinherit his heir. Moreover, the will must specify this legal cause.
Third, the nature of disinheritance impliedly requires that it must be unconditional. The decedent must not attach conditions in his will for the disinheritance to be effective.
Last, the disinheritance must be total. The decedent cannot partially disinherit by stating in his will that the heir cannot receive his legitime.
The effect of disinheritance is the forfeiture not only of the legitime, but also the entire inheritance. This includes what the heir may receive through intestate succession and in the will of the decedent. Disinheritance automatically revokes any disposition of the decedent’s property in favor of the disinherited heir.
Grounds for disinheritance
One who wishes to disinherit his compulsory heir must look at the Civil Code to find out these legal causes. The Code provides detailed and exclusive lists for each particular heir, either a descendant, ascendant, or spouse.
For children or descendants
Article 919. The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate:
(1) When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
(2) When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless;
(3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator;
(4) When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made;
(5) A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant;
(6) Maltreatment of the testator by word or deed, by the child or descendant;
(7) When a child or descendant leads a dishonorable or disgraceful life;
(8) Conviction of a crime which carries with it the penalty of civil interdiction.
For parents or ascendants
Article 920. The following shall be sufficient causes for the disinheritance of parents or ascendants, whether legitimate or illegitimate:
(1) When the parents have abandoned their children or induced their daughters to live a corrupt or immoral life, or attempted against their virtue;
(2) When the parent or ascendant has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
(3) When the parent or ascendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found to be false;
(4) When the parent or ascendant has been convicted of adultery or concubinage with the spouse of the testator;
(5) 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;
(6) The loss of parental authority for causes specified in this Code;
(7) The refusal to support the children or descendants without justifiable cause;
(8) An attempt by one of the parents against the life of the other, unless there has been a reconciliation between them.
For the surviving spouse
Article 921. The following shall be sufficient causes for disinheriting a spouse:
(1) When the spouse has been convicted of an attempt against the life of the testator, his or her descendants, or ascendants;
(2) When the spouse has accused the testator of a crime for which the law prescribes imprisonment of six years or more, and the accusation has been found to be false;
(3) When the spouse by fraud, violence, intimidation, or undue influence cause the testator to make a will or to change one already made;
(4) When the spouse has given cause for legal separation;
(5) When the spouse has given grounds for the loss of parental authority;
(6) Unjustifiable refusal to support the children or the other spouse.
Can the disinherited heir resist?
A disinherited heir can deny the ground as a basis for his disinheritance in the will.
He can resist the disinheritance upon the will’s probate in court. His denial makes the other heirs responsible for proving the truth of the ground for disinheritance.
Article 917. The burden of proving the truth of the cause of disinheritance shall rest upon the other heirs of the testator, if the disinherited heir should deny it.
Should the disinherited heir prevail, the disinheritance becomes ineffective.
What happens when disinheritance is ineffective?
The disinherited heir is restored to his position as if the testator had not disinherited him. He will now be able to receive his legitime as a compulsory heir.
Article 918. Disinheritance without a specification of the cause, or for a cause the truth of which, if contradicted, is not proved, or which is not one of those set forth in this Code, shall annul the institution of heirs insofar as it may prejudice the person disinherited; the but devises and legacies and other testamentary dispositions shall be valid to such extent as will not impair the legitime.
The best solution is reconciliation
The best way for the testator and his offending heir is to patch things up and reconcile.
The act of reconciliation can be express as when the testator tells his heir that he forgives him. Acts showing the intention to forgive can also imply reconciliation.
This reconciliation between them revokes the prior disinheritance made or deprives the testator of the right to disinherit the heir if he’s just planning to do so.
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