SECTION 6 – DISINHERITANCE
ART 915 A compulsory heir may, in consequence of
disinheritance, be deprived of his legitime
for causes expressly stated by law.
Concept of Disinheritance
 A compulsory heir may not be deprived of the
legitime except through a testamentary act known
as disinheritance.
 Causes: serious offenses committed by
compulsory heir against testator
 Disinheritance: the deprivation of the legitime of a
compulsory heir.
Total Exclusion from the Inheritance
 If testator disinherits compulsory heir = testator
would not be inclined to favor disinherited heir
with share of disposable free portion, over which
he exercises almost absolute control
 Effects of a valid disinheritance extend to all
entitlements which disinherited heir could have
received from testator by succession.
 Example:
1. Testator left a net hereditary estate of
P120,000. He was survived by two legitimate
children A and B, the surviving spouse C, and
an illegitimate child D. The sole disposition in
testator’s will is disinheritance of A for a true
and lawful cause. The estate of testator shall
be distributed in accordance with law of
intestacy.
Heir Intestate Reason
Share
A 0
B 60k Sole primary compulsory heir, get
C 30k Entitled to ¼ of estate as legitime
D 30k Entitled to half of share of B as
legitimate
Total 120k
Estate of testator is barely sufficient to pay
legitime. The legitime of compulsory heirs is
equal to their respective intestate shares.
2. Testator left a net hereditary estate of
P130,000. He was survived by three legitimate
children A, B, and C. The sole disposition in
testator’s will is the disinheritance of A for a
true and lawful cause. The estate of testator
shall be distributed in accordance with the
rules of intestacy. Each B and C will receive
60k, of which 30k represents legitime and the
other 30k their respective shares in disposable
free portion.
- NOTICE: while disinheritance refers to
deprivation of legitime, the effect extends to
distribution of disposable free portion.
ART 916 Disinheritance can 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 disinherited heir should deny it.
Requisites of a Valid Disinheritance
 In order that a testator may lawfully exercise the
power to disinherit a compulsory heir, the
following requisites must concur:
1. The disinherited heir must be a compulsory
heir
- Voluntary heirs cannot be disinherited;
they have no statutory entitlement to the
hereditary estate, and for which reason
they cannot be deprived of anything
2. The disinherited heir must be identified with
certainty
- Testator must designate the disinherited
heir by name.
- If there are 2 persons having the same
name, testator shall indicate
circumstances by which disinherited heir
shall be known.
- Can be identified by description, provided
there is no doubt as to identity of
disinherited heir
- If there is ambiguity which is not clarified,
disinheritance is void
- Error in name or personal circumstances
will not invalidate disinheritance provided
true identity can be established.
3. The disinheritance must be for a cause
specified by law
- Causes for disinheritance are exclusive
and cannot be extended to include any
other cause.
- Disinherited heir must be informed of
cause of disinheritance.
- It is sufficient that testator’s description
of cause falls squarely within a ground
specified by law.
4. The disinheritance must be made in a valid
will.
- Not necessary to be stated in the same
will.
- Can be in a subsequent codicil provided
there is unmistakable connection
between the cause stated and
disinheritance
- If denied probate, disinheritance cannot
be given effect regardless of guilt or
innocence of disinherited heir.
5. The disinheritance must be express
- Cannot be inferred from mere omission of
a compulsory heir in testator’s will.
6. The disinheritance must be for a true and
certain cause
- The cause for disinheritance must exist at
the time of the execution of will.
Disinheritance upon future offense is not
permitted.
- Attempt on life must have been
committed at time of execution of will.
7. The disinheritance must be total
- If testator has a valid ground to disinherit
a compulsory heir, he has only 2 choices:
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 (1) To disinherit the heir
(2) To pardon the heir
Testator may not exercise power to disinherit a
compulsory heir in the following manner:
(a) Partially deprive a compulsory heir of legitime
or otherwise reduce his legitime
(b) Deny the legitime, but give a legacy or devise
to the disinherited heir or
(c) Deny the disinherited heir the right to
participate in the distribution of the estate
through testamentary succession, but permit
the same heir to patriciate in the distribution
of any undistributed part of inheritance by
intestacy.
Summary
 Essential features of disinheritance may be
summarized as follows:
1. Disinheritance can only occur in testamentary
succession. There can be no disinheritance in
intestacy.
2. Only compulsory heirs may be disinherited.
Voluntary heirs cannot be disinherited; they
are not entitled to the legitime.
3. Any testamentary disposition in favor of
voluntary heir may be revoked by the testator
at any time prior to his death with or without
cause, and such revocation cannot be
construed as a form of disinheritance
4. A valid disinheritance carries with it the
automatic revocation of any and all
testamentary dispositions made by the
testator in prior wills in favor of disinherited
heir. Such revocation need not be made
expressly in the will that disinherits such
compulsory heir. Note that disinheritance is
the total exclusion of an heir from inheritance
of testator.
5. A valid disinheritance bars the disinherited
heir from inheriting from the testator both by
testacy and by intestacy. Disinheritance of a
compulsory heir is an express directive of
testator to exclude such compulsory heir from
inheritance.
Burden of Proof
 Burden of proving the truth of the cause thereof
upon the heirs of the testator who seek to enforce
the disinheritance.
 Competent evidence of culpability on the part of
the disinherited heir is necessary; the word of
testator is not sufficient.
 Testator cannot, in the will or some other writing,
dispense with the presentation of proof of guilt,
particularly if disinherited heir should deny
accusation.
ART 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 in this Code shall annul the
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institution of heirs insofar as it may
prejudice the person disinherited; but the
devises and legacies and other testamentary
dispositions shall be valid to such extent as
will not impair the legitime.
Effects of Void Disinheritance
 Three types of void disinheritance:
1. Disinheritance without a specification of the
cause
2. Disinheritance for a cause the truth of which,
if contradicted is not proved and
3. Disinheritance for a cause not provided by law
 Effects:
1. Disinheritance is ineffective
- Disinherited heir cannot be excluded from
inheritance. Cannot be deprived of
legitime
2. Institution of heirs is annulled
- Annulled insofar as it may prejudice the
disinherited heir. Purpose of annulling
institution of heir is to make available
sufficient assets to pay legitime of the
ineffectively disinherited heir.
- May either be total or partial, depending
on circumstances of the case.
- Example:
 A testator was survived by three
legitimate children A, B and C. in his
will he disinherited A without stating
cause, and instituted B and C as
universal heirs to net estate of
P120,000. Clearly intention was to
give B and C P60k each and exclude
Aa from inheritance. Because
disinheritance of A is void, A cannot
be deprived of the legitime.
Institution of universal heirs shall be
annulled but only to the extent
necessary to allow recovery of A’s
legitime, which is P20k.
Heir Share Reason
A P20k This amount represents
A’s legitime which he
entitled to recover due
to nullity of
disinheritance
B&C P50k While D and C were
ea originally entitled to 50k
ea, testator must be
proportionately recued
so that A’s legitime
could be paid
3. Legacies and Devises may be reduces
- Legacies and devises shall be reduced or
abated only if after annulment of the
instituted of heirs there are insufficient
assets to satisfy the legitime of the
disinherited heir.
- Basis:
 Instituted heir is give a fraction of
estate without specification of
 property which will comprise of such X 0 Institution is
share annulled pursuant
to Art 918
 Nor presumption of preferential right Y 250,000 Preferred decise is
to L or D arises when the testator protected under Art
gives an aliquot portion of estate to 911
an instituted heir. Z 50,000 Ordinary legacy is
reduced to Art 911
- Testator with a net hereditary estate of and 918
P1.2 was survived by three legitimate
children A, B and C, the Spouse D, and an Extent of Recovery
illegitimate child E. in his will, he (i)
 Art 918 guarantees the recovery of legitime of an
disinherited E for allegedly maltreating
heir under a void disinheritance. It is unclear,
him, (ii) instituted X to 1/20 of the net however, whether or not nullity of disinheritance
estate (iii) gave a devise of a parcel of would entitle the heir to recover beyond the
land to Y valued at P250k which he
legitime.
expressly declared preferential, and (iv)
 Example:
gave a legacy of P90k to Z. C was able to
- A testator survived by 3 legitimate
disprove the testator’s accusation. Court
children A, B and C. he executed a will
declared void disinheritance.
containing a single disposition
A 200,000 Legitime
B 200,000 Legitime disinheriting A without stating th cause
C 200,000 Legitime therefor. Testator died leaving behind a
D 200,000 Legitime net hereditary estate of P360k. how sould
X 60,000 Institution as estate be distributed in the absence of
voluntary heir
any other testamentary disposition in the
Y 250,000 Preferred devise
Z 90,000 Ordinary legacy testator’s will?
- First View
- Since disinheritance of E is void, E is  Disinheritance without stating cause
entitled to recover his legitime in the is void. A’s successional rights should
amount of P100,000 which is equal to ½ not in any manner be adversely
of legitime of legitimate child. The affected, diminished or otherwise
reduction of E’s legitime will follow the impaired. A retains successional
order of reduction and abatement rights with respect to his father.
prescribed by Art 911. Estate shall be divided equally among
children A, B and C each taking
Abatement/

Entitlement

P120k.
Reduction

Net

Heir Reason Heir Legitime Intestate Total

Share
A 60k 60k 120k
X (60k) 0 Institution of X is 1/20 of the B 60k 60k 120k
estate must be annulled in its C 60k 60k 120k
entirety. However, amount D 60k 60k 120k
withheld from X is not
sufficient to cover E’s - Second View1
legitime. The LDs given by  Notwithstanding the nullity of A’s
testator will have to be disinheritance, testator had explicitly
reduced to the extent
indicated his displeasure with A and
necessary to complete E’s
legitime his desire not to give any part of his
Z (40k) 50k The legacy given to Z has to estate to A. partial annulment of
be reduced by P40k so that institution of heirs is intended solely
when combined with amount to allow the disinherited heir to
withheld from X, E’s legitime
can be completed. recover his legitime.
Net hereditary Estate 360,000
Strict Legitime 180,000
- Final distribution of estate is as follows Free Portion 180,000
Heir Share Total 360,000
A 200,000 Legitime
B 200,000 Legitime Heir Legitime Intestate Total
C 200,000 Legitime Share
D 200,000 Legitime A 60,000 0 60,000
E 100,000 Recovery of B 60,000 90,000 150,000
Legitime C 60,000 90,000 150,000
Total 180,000 180,000 360,000

1 Writer believed the second view, while supported by minority, is the

view consistent with the intent of law.
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ART 919 The following shall be sufficient causes for
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
prescribed 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 testator;
(4) When a child or descendant by fraud,
violence, intimidation or undue influence
causes 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 testator by word or
deed, by the child of 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.
Who may be Disinherited
 Children and descendants, legitimate as well as
illegitimate
 Covers adopted children, deemed to be legitimate
children
Grounds Elements
1. Victim Cause for disinheritance includes not
only attempt on life of testator but also
on testator’s spouse, ascendants or
descendants. (full or half-blodd)
2. Stage of Attempted, frustrated and
Commission consummated stages included.
of Crime
3. Intent to Kill If defendant during trial is able to prove
*critical a justifying or an exempting
element circumstance, criminal intent would be
missing and there would be no
Attempt on Life of Testator
conviction which is the legal basis for
testator to disinherit
4. Necessity of “found guilty of” necessitates that
Final disinherited heir be convicted by final
Conviction judgment of the offense charged.
Testator may disinherit even if there is
no final conviction yet. It is necessary
that final conviction is eventually
obtained.
Acquittal renders disinheritance
ineffective.
Presidential pardon does not negate fact
that crime was committed.
5. Degree of Attempt on life does not make any
Participation distinction as to degree of participation
in the Crime of disinherited heir in the offense
charged (Art 16 RPC). Need not be
convicted as principal (Art 17 RPC),
whether by direct participation, by
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inducement, or by indispensable
cooperation. Disinheritance is valid even
if defendant is convicted merely as an
accomplice (art 18 RPC), or as an
accessory after the fact (Art 19 RPC).
Art 20, RPC presents a sensitive issue.
 Art 20. The penalties prescribed for accessories shall not be
imposed upon those who are such with respect to their spouses,
ascendants, descendants, legitimate, natural and adopted
brothers and sisters, or relatives by affinity within the same
degrees with the single exception of accessories falling within
provision of par 1 of next preceding article.
Art 19 defines
 Accessories are those who, having knowledge of commission of
crime and without having participated therein, either as principals
or accomplices, take part subsequent to its commission in any of
the ff:
1. By profiting themselves or assisting the offender to profit by
the effects of the crime
2. By concealing or destroying the body of the crime or the
effects or instruments thereof in order to prevent its
discovery
3. By harboring, concealing, or assisting in the escape of the
principal of the crime; provided the accessory acts with
abuse of his public functions, or whenever the author of
crime is guilty of treason, parricide, murder or an attempt to
take the life of the chief executive, or is known to be
habitually guilty of some other crime.
Example:
 Husband intentionally killed father-in-law. Confessed to his wife
who neither had prior knowledge of criminal intention not any
participation. Wife concealed weapon used. Under Art 19, wife
would be an accessory. But Art 20 provides wife cannot be punished
as accessory because (i) offender is her husband (ii) did not
participate in commission and (ii) did not profit from effects. Wife
cannot be convicted as accessory, no legal basis to disinherit her.
1. The May be direct or indirect accusation by a
Accusation compulsory heir against the testator
2. The Crime Accusation must refer to commission of
crime which law prescribes a penalty of 6
years or more imprisonment.
The basis of disinheritance is the gravity
of crime directly or indirectly imputed by
False Accusation
3 essential elements
the heir to testator and corresponding
penalty to which testator is exposed
3. A Definitive There must be a judicial declaration that
Acquittal accusation as baseless resulting to the
acquittal of testator.
If acquittal was premised on
insufficiency of evidence to warrant a
conviction, or on reasonable doubt or on
failure to prosecute or prescription of
crime, accusation cannot be considered
false. No basis for disinheritance.
1. Necessity of Necessary that child be convicted by final
criminal judgment of crime of adultery or
conviction concubinage.
Concubinage
Adultery or
2. The It is not suggested that unfaithful spouse
disinherited in adultery or concubinage can get away
offender with the crime without penalty. The
offended spouse may likewise disinherit
the offending spouse under Par 4, Art
921. Offending spous
1. Definition of
vices of
consent
Fraud or Coercion
2. Nullity of
will
executed
with vice of
consent
3. Unworthy
heir
4. Necessity to
Give Support
At
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