Beruflich Dokumente
Kultur Dokumente
DISINHERITANCE
Art. 915. A compulsory heir may, in concequece of disinheritance, be
deprived of his legitime for causes expressly stated by law.
Art. 916. Disinheritance can only be effected only through a will wherein
the legal cause therefor shall be specified.
Art. 917. The burden of proving the truth of the cause for disinheritance
shall rest upon the other heirs of the testator, if the disinherited heir
should deny it.
DISINHERITANCE The act of the testator on depriving a compulsory heir of his
legitime for causes expressly stated by law.
Note: It is the only instance where a compulsory heir may be deprived of his
legitime by the testator.
Reason: there are certain instances when a person may not want his property or
fortune for which he had slaved for so long to pass after his death to a compulsory
heir because of some antecedent act of the latter.
REQUISITES OF DISINHERITANCE:
1. The disinheritance must be for a cause expressly stated by law (most
indispensable req);
2. It must be effected only through a valid will;
3. The legal cause for disinheritance must be specified;
4. The cause must be certain and true;
5. It must be total; and
6. It must be unconditional.
Note: Just cause or strong belief of the testator that he has a strong ground to
disinherit is not sufficient. If such cause is not one of those stated by the law,
disinheritance is null and void.
Disinheritance must be effected only through a valid will. The act of
disinheritance involves the exercise of an exceptional power or virtue of which a
compulsory heir is deprived of his legitime. If the will is invalid, the disinheritance is
also invalid. If the will is valid but subsequently revoked in accordance with law, the
disinheritance is also revoked.
The cause for the disinheritance must be specified in the will itself There
can be no implied or tacit disinheritance.
In case where the last will of the testator is embodied in several documents, if a
compulsory heir is disinherited in one will without specification of the cause, the
defect may be cured if the cause is specified in another will.
The law requires that the cause must be express but there is no legal precept
that which requires that the specification must be couched I the exact language of
the law or that details and other circumstances surrounding it must be given.
The will must be certain and true. Remember:
The burden of proving the truth of the cause for disinheritance shall rest
upon the other heirs of the testator if the disinherited heir should deny it;
The cause must not be a mere figment of the mind or insane delusion;
Neither it must be based on mere suspicion or on biased opinion of others;
The testator must not only have a knowledge of the cause, but it must also
be in the process of being committed, or at least, it has already been
committed at the time of the disinheritance.
When
When
When
When
PRETERITION
The person omitted must be a
compulsory heir in the direct line.
The attempt is always implied
The attempt may be intentional or
unintentional
The effect is total annulment
ART. 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 6 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. When a child or descendant leads a dishonorable or disgraceful life;
Art. 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
daughter 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 or, 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 the ascendant by fraud, violence intimidation, or
undue imfluence causes the testator to make a will or to change one
already made;
6. The loss of parental authority for causes mentioned 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.
GROUNDS FOR DISINHERITACE OF ASCENDANTS
1) WHEN THE PARENTS HAVE ABANDONED THEIR CHILDREN, OR
INDUCED THEIR DDAUGHTERS TO LIVE A CORRUPT OR IMMORAL LIFE,
OR ATTTEMTED AGAINST THEIR VIRTUE.
The law speaks of speaks of daughters, but this must be taken to mean
any daughter or granddaughter of the erring parent or parents.
o
o
o
o
o
o
Adoption;
Appointment of general guardian;
Subsequent marriage of the widowed mother;
Deprivation by final judgment in a criminal case;
Deprivation by final judgment in legal separation proceedings;
deprivation by final judgment on the ground of excessive
harshness, or of corrupting orders, counsels or examples, or of
making them beg, or of abandonment/
What the law allows the testator to punish is not the consequence of the
offense, but the offense itself.
Even if there is a restoration of parental authority brought about by absolute
pardon or by reconciliation of the spouses, it cannot erase the existence of
the offense against the testator the ground for disinheritance still exists.
Note: this conclusion is predicated upon the fact that there is no
reconciliation between the offended and the offender, because, otherwise,
provisions of art. 922 shall apply.
Art. 923. The children and descendants of the person disinherited shall
take his or her place and shall preserve the rights of compulsory heirs
with respect to the legitime; but the disinherited parent shall not have the
usufruct or administration of the property which constitutes the legitime.
EFFECTS OF DISINHERITANCE