Scribd
Upload
230 views

Disinheritance

Disinheritance is an act by a testator to deprive a compulsory heir of their legitime or legal share of the estate for causes stated in law. A valid disinheritance must be intentional, specify a true and legal cause, be total and unconditional, and included in a will. An imperfect disinheritance that lacks any of these requirements will result in partial annulment of the will. Reconciliation between the offender and testator revokes any disinheritance, as the testator has forgiven the offense. The children of a validly disinherited heir are still entitled to inherit the legitime by representation. A disinheritance may also be revoked by subsequent reconciliation, institution of the disinherited heir in the will, or null

Uploaded by

Grace
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
230 views

Disinheritance

Disinheritance is an act by a testator to deprive a compulsory heir of their legitime or legal share of the estate for causes stated in law. A valid disinheritance must be intentional, specify a true and legal cause, be total and unconditional, and included in a will. An imperfect disinheritance that lacks any of these requirements will result in partial annulment of the will. Reconciliation between the offender and testator revokes any disinheritance, as the testator has forgiven the offense. The children of a validly disinherited heir are still entitled to inherit the legitime by representation. A disinheritance may also be revoked by subsequent reconciliation, institution of the disinherited heir in the will, or null

Uploaded by

Grace
Copyright
© © All Rights Reserved
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 4

I.

  DISINHERITANCE 

1. What is disinheritance?

It is an act of the testator in depriving a compulsory heir of his legitime for


causes expressly stated by law. (Art. 915, NCC)

2. Ways of depriving the compulsory heir of his/her legitime.

Aside from disinheritance, there are other conceivable ways in which a compulsory
heir is deprived, in effect, of what should have been his legitime, namely:

a. In case of PREDECEASE, INCAPACITY, REPUDIATION (of course, in


case of predecease or incapacity, his own heirs may inherit by representing
him).

b. In case the liabilities of the estate EQUAL or EXCEED its assets, there
would be no hereditary estate, and consequently, no legitime.

3. The essential requisites of a valid act of disinheritance are as follows:

a. The disinheritance must be for a cause expressly stated by law;

b. It must be effected through a will;

c. The legal cause for disinheritance must be specified in the will itself;

d. The cause must be certain and true;

e. The disinheritance must be total; and

f. The disinheritance must be unconditional.

4. Instances of ineffective/imperfect disinheritance

The following are instances of Imperfect Disinheritance:

a. Disinheritance has no specification as to the cause;

b. Disinheritance for a cause, the truth of which it contradicted is not proved;

c. Cause is not one of those set forth in the Civil Code; and
d. When one or more of the requisites for a valid act of disinheritance is/are
lacking (Art. 918, NCC)

5. Effects of invalid/imperfect disinheritance.

The following are effects of Imperfect Disinheritance:

a. If the testator had made a disposition of the entire estate:


The institution of heirs is annulled insofar as it may prejudice the person
disinherited; it does not affect the disposition of the testator with respect to the free
portion.

b. If testator did not dispose of the free portion:

The compulsory heir is given all that he is entitled to receive as if the


disinheritance has not been made, without prejudice to lawful dispositions made by
the testator in favour of others.

6.  Distinguish valid disinheritance from preterition.

Valid Disinheritance vs. Preterition

Valid Disinheritance Preterition


as to whether intentional or not
Always Intentional May be intentional or unintentional
as to cause
The cause must always be stated in the Maybe with or without a cause
will and it must be true and legal
as to effect
The disinherited heir inherits nothing Preterition annuls the institution,
therefore the omitted heir inherits.
as to existence of a Will
A will is always required May exist with or without a will
as to validity
May be valid when all of the The institution is always void, except
requirements of the law are met. when the preterited heir predeceased
the testator.
(Jurado, Succession)

7. Distinguish imperfect disinheritance from preterition.


Imperfect Disinheritance Preterition
as to who is omitted
The person disinherited may be any of The person omitted must be a
the compulsory heir compulsory heir in the direct line.
as to whether Express or Implied
Always express Always implied
as to whether Intentional or Not
Always intentional May be intentional or unintentional
as to its Effect
Partial annulment of institution of heirs Institution is completely annulled
as to validity of institution
Institution remains valid, but must be The institution is completely annulled.
reduced insofar as the legitime has
been impaired.
(Jurado, Succession)

8. Grounds for disinheritance of a child or descendant

           a. discuss or state the requisites of each ground

Common Causes for Disinheritance of Children or 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 child or descendant


(must be intentional or voluntary);

iii. When the child or descendant has been convicted of adultery or


concubinage with the spouse of the testator;

iv. When the child or descendant leads dishonourable or disgraceful life.

9. Who is entitled to the legitime of a validly disinherited heir?

If the compulsory heir who is disinherited, has children or descendants, such


children or descendants 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.) (Art. 923, NCC)

10.   What is the Effect of Reconciliation.

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. (Art. 922, NCC)

What is reconciliation?

It is either an express pardon extended by the testator to the offending heir or


unequivocal conduct of the testator towards the offending heir which reveals the
testators intent to forgive the offense (Balane, supra at 402)

11.  May a disinheritance be revoked? 

Yes.

      a. Instances:

i. subsequent reconciliation

ii. subsequent institution of the disinherited heir

iii. nullity of the will containing the disinheritance

You might also like