Articles 915-923

of The New Civil Code

Disinheritance
The process or act thru a testamentary disposition of depriving in a
will any compulsory heir of his legitime for true and lawful cases.

Purpose of disinheritance:
*retribution
*punish ungrateful, culpable, cruel, unnatural heir, or unfaithful spouse
*maintain good order and discipline within the family
Art. 915
A compulsory heir may, in consequence of disinheritance, be
deprived of his legitime, for cases expressly stated by law.
Implications
compulsory heir
testamentary disposition, there must be a will
only in testate succession not legal succession
disinheritance can be made only for causes expressly stated
by law
if disinherited, the heir is excluded not only from the
legitime but also from free portion (completely excluded
from the inheritance)
Art. 916
Disinheritance can be effected only through a will wherein
the legal cause therefore shall be specified.
Requisites of a valid inheritance
Must be made in a valid will
must be made expressly
There must be a legal cause
Must be made for a true cause
Must be made for an existing cause
a conditional disinheritance is not allowed
conditional revocation is
Must be total or complete
Cause must be stated in the will itself
Heir disinherited must be clearly identified
Will must have not been revoked
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.
Other heirs should prove the truth of the cause of
disinheritance
disinherited heir should be given the chance to rebut
proof presented against him
Court will decide whether the disinheritance is valid

Art. 918
Disinheritance without a specification of cause, or for a cause of
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; but the
devises and legacies and other testamentary dispositions shall
be valid to such extent as will not impair the legitime.
Instances wherein there is Invalid Disinheritance

Disinheritance without specification of cause

Cause is not a true cause
Cause not given under the law
Consequence of invalid disinheritance
Shall annul the institution of the heirs in so far as only for the
purpose of completing the legitime of the compulsory heir
devices and legacies and other testamentary dispositions shall
be valid to such extent as will not impair the legitime
Example (for first consequence):
Testator instituted A and B his will and disinherited C for the reason that
C is ugly. A, B, and C are all his legitimate children. His estate is worth
P120,000.00.

The effect is it shall annul the institution of heirs insofar as only it may
prejudice the legitime of the invalidly disinherited heir.

Legitime : P120,000.oo / 2 Distribution

= P 60,000.00 C: P20,000.00 (legitime only)
A : P20,000.00 + P30,000.00= P50,000.00
Legitime of each child: P60,000.00 / 3 B: P20,000.00 + P30,000.00= P50,000.00
= P 20,000.00
Example (for second consequence)
Same facts with additional data that X is given a legacy of P30,000.00 cash.

Legitime : P120,000.oo / 2 Distribution:

= P 60,000.00 X= P30,000.00
C= P20,000.00
Legacy of X: P60,000.00-P30,000.00
A= P20,000.00 + P15,000.00
=P30,000.00
B= P20,000.00 + P15,000.00
Legitime of each child: P60,000.00 / 3
= P 20,000.00

NOTE:
In the order of distribution, the device or legacy shall be given ahead of the inheritance.
 PRETERITION
The institution of heirs is completely
annulled
If there is a device or legacy, he will receive
the devise or legacy as long as it is not
inofficious
It is important to distinguish whether the
person is an instituted heir, a devisee or
legatee.
IMPERFECT DISINHERITANCE
The institution remains valid, but must be reduced
insofar as the legitije has been impaired
Devises, legacies or other testamentary
dispositions shall be valid. even if the person is just
an instituted heir, he will still receive his share or
inheritance.
Even if the person is just instituted heir, as long as
the institution does not prejudice the legitime of
the invalidly disinherited heir, that heir shall
receive the inheritance.
I.
 PRETERITION IMPERFECT INHERITANCE
The omission may either be intentional or Disinheritance is always intentional because it has
unintentional as long as the deprivation is to be provided for in the will.
total.

With cause or without cause The cause must be provided for by law
(Art. 920 & 921

Annuls the institution Disinherited heir inherits nothing from the legitime
& he free portion

May exist with or without a will. There must always be a will

The institution is always void Institution is followed unless there is another

cause for not following the institution which is not
because of the disinheritance but for other causes.
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 six years or more, if the accusation has been found groundless;
(3) When a child or descendant has convicted of adultery or concubinage with the spouse of the
testator;
(4) When a child or descendant by fraud, violence, intimidation, or undue infuence causes the testator
ro 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
(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

There is final judgment. Final conviction is necessary

"Attempt" is a generic term which includes all kinds of commission, whether
frustrated or consumated. Given that intent to kill must be present.
At the time of the will' execution, it is not necessary that judgement is final
Disinheritance can be given effect once the judgment becomes final.
Descendant is just an accomplice or accessory, this paragraph applies
Reckless imprudence = the child cannot be disinherited
(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

accusation must be in connection with a criminal case and crime carries an

imprisonment of more than 6 years
Accusation is a generic term which includes: 1.) filing of an information;
2.) presenting incriminating evidence; 3.) acting as witness against the ascendant
Accusation is groundless- Ascendant is acquitted on finding that: 1.) there is no
crime; or 2.) the ascendant did not commit it.
If the ascendant was acquitted on reasonable doubt, the ascendant cannot
disinherit because the accusation is groundless.
Malicious prosecution are covered by the cause. Also includes false testimony.
 (3) When a child or descendant has convicted of adultery or concubinage with
the spouse of the testator

Guilty spouse is deemed disinherited by operation of law in case legal

separation decreed by court ( Art. 63, par. 4 of Family Code)
No need of formal disinheritance in the will.
There has to be conviction.

Example: When your parent remarries someone young and you have an affair
with that person and both of you have been convicted of adultery or
concubinage
(4) When a child or descendant by fraud, violence, intimidation, or
undue infuence causes the testator ro make a will or to change
one already made

There has to be another will made. .

does not mention prevent. Prevention is a ground for unworthiness
(Art. 1032, par 7, NCC) which has the same effect as disinheritance
 (5) A refusal without justifiable cause to support the parent
or ascendant who disinherits such child or descendant

determination whether the refusal of a child is without cause will depend

upon the means of the child and the necessity of the ascendant
Refusal itself is not ground

Note: To justify disinheritance under this provision, there must first be a demand
leither judicial or extra judicial. The child despite financial capability does not
show any concern tot the ascendant and there is no valid ground for the child to
withhold it, he can be disinherited.
6) Maltreatment of the testator by word, or deed, by the child
or descendant

Only with respect to disinheritance of a descendant

No conviction required, may be proven by preponderance of evidence.
Possible for an act not to fall in number 1 but to fall in number 6.

Example:
The son shoots his father. The father was wounded but recovers. The father
does not want a scandal so he does not file charges against his son but
disinherits his son nit under number 1, but number 6.
(7) When a child or descendant leads a dishonorable or
disgraceful life

Dishonorable life or disgraceful life is a question which is addressed

to the judgment of the court; but generally, the act must not be an
isolated or single act.
It has to be a way of life like prostitution or drug pushing
(8) Conviction of a crime which carries with it the penalty of
civil interdiction

Crimes punishable by death peanlty, reclusion perpetua and reclusion

temporal, all carry the accessory penalty of civil interdiction.
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 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. (756, 854, 674a)
(1) When the parents have abandoned their children or induced their
daughters to live a corrupt or immoral life, or attempted against their virtue;

Abandonment does not have to amount to a crime as long as he has

already deprived his child of the basic necessity or he has not been seen
for a number of years.
Abandonment refers to either physical, educational or moral as long as
you neglect your child
May be applied by analogy to sons
(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;

Numbers 2, 3, 4, and 5 are the same as those in Article 919

(6) The loss of parental authority for causes specified in this Code

Refers to causes by which the parent or ascendant is at fault which

are provided for in Article 330 and 332 of the New Civil Code

Article 330. The father and in a proper case the mother, shall lose
authority over their children:
(1) When by final judgment in a criminal case the penalty of
deprivation of said authority is imposed upon him or her;
(2) When by a final judgment in legal separation proceedings such
loss of authority is declared.
Article 332. The courts may deprive the parents of their authority or
suspend the exercise of the same if they should treat their children
with excessive harshness or should give them corrupting orders,
counsels, or examples, or should make them beg or abandon them.
In these cases, the courts may also deprive the parents in whole or
in part, of the usufruct over the child's property, or adopt such
measures as they may deem advisable in the interest of the child.
Here,
A child under parental authority cannot execute a will
If parent regains parental authority there are 2 views:
Disinheritance will remain notwithstanding that the parent
has regained his or her parental authority because the
reason for the disinheritance is not really the loss of
parental authority but the cause for its loss
Disinheritance is already deemed ineffective because upon
the death of the child there is really no more loss of
parental authority
(7) The refusal to support the children or descendants without
justifiable cause

The same with Article 919

(8) An attempt by one of the parents against the life of the
other, unless there has been a reconciliation between them.

The child, the son, the daughter, or the grandchild may disinherit his parent
who has attempted against the life of the other parent

No need for conviction, mere attempt suffices

If there is reconciliation between parents, tchild cannot anymore disinherit
since the offended party has deemed it proper to forgive the other spouse,
then with more reason the child because he is not the party directly offended.
Art. 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.

(4) When the spouse has given cause for legal separation the occurrence ,

In this case, there is yet no decree of legal separation but only the
occurence of the cause for legal separation.
One does not need to secure a decree of legal separation before on can
disinherit a spouse who has given ground
The mere attempt against the life of the other spouse is ground for
disinheritance since it is a ground for legal separation
If one spouse attemmpt against the life of a common child or
descendant, there has to be conviction in order that it may constitute
ground for disinheritance since it is not a ground for legal separation
If there is decree of legal separation, no need to disinherit offending
spouse
Art. 922.
A subsequent 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.

Reconciliation- two persons who are at odds decide to set aside their
differences and to resume their relations.

Effect of reconciliation
No will- deprives the offended person of his right to disinherit the
offending person.
If already disinherited- sets aside disinheritance already made.
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.

Example:
Testator has 2 children, A and B. A has 2 children, C and D. A i disinherited.
Even if A can no longer inherit, C and D will now represent A but only with
respect to the legitime of A. The fault of A should not be imputed against A's
heirs.
When there is a wll, representation. takes place only with respect to the
legitime.
When there is no will, representation pertains to the entire portion.
A will containing only a disinheritance is an indirect disposition. It is a valid
will.
The disinherited heir has no usufruct or administration of the property
which constitutes the legitime.
No representation with respect to spouse
No right of representation in the ascending line
Right of representation pertains only to the descending and direct line
Thank you!