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Disinheritance

This document outlines the rules and requirements around disinheriting a compulsory heir in Philippine law. It discusses that disinheritance must be specified in a will for an expressly stated legal cause. The causes for disinheriting children or descendants include attempted parricide, making false accusations against the testator, adultery with the testator's spouse, influencing the will through fraud or force, refusal to support a parent, maltreatment, leading a disgraceful life, or conviction of a crime resulting in civil interdiction. Reconciliation can deprive the right to disinherit and invalidate any disinheritance.

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Eric Karl Nicholas Aguilar
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137 views2 pages

Disinheritance

This document outlines the rules and requirements around disinheriting a compulsory heir in Philippine law. It discusses that disinheritance must be specified in a will for an expressly stated legal cause. The causes for disinheriting children or descendants include attempted parricide, making false accusations against the testator, adultery with the testator's spouse, influencing the will through fraud or force, refusal to support a parent, maltreatment, leading a disgraceful life, or conviction of a crime resulting in civil interdiction. Reconciliation can deprive the right to disinherit and invalidate any disinheritance.

Uploaded by

Eric Karl Nicholas Aguilar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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DISINHERITANCE

A Compulsory Heir may, in consequence of disinheritance, be deprived of his legitime


for causes expressly stated by law.
There is no partial disinheritance.
Requisites
1. May be effected only through a will
2. Cause of disinheritance must be specified in the will
3. Cause must be one of those expressly stated by law
4. The truth of the causes must be proven by the other heirs of the testator if there
is denial.
Ineffective Disinheritance
1. Disinheritance without specification of cause
- Effect: annul the institution of heirs insofar as it may prejudice the person
disinherited
- But the devises and legacies shall be valid as long as it will not impair the
legitime.
Effects of Reconciliation
- May be tacit or express
- Deprives the latter of the right to disinherit
- Renders ineffectual any disinheritance ineffective.
- Personal in nature, will only affect the disinherited heir
Causes of Disinheritance
Children and Descendants
Art. 919
1. Has been found guilty of an attempt against the life of the testator, his or her
spouse, descendants or ascendants
a. Frustrated or attempted parricide or homicide, where there is intent to kill
b. Final conviction is required
2. Child or descendant has accused the testator of a crime for which the law
prescribes imprisonment for 6 years or more, and 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 (final conviction is required).
4. When a child or descendant by fraud, violence, intimidation or undue influence
causes the testator to make a will or change one
5. Refusal to support the parent except if the heir has no sufficient resources or not
needed
6. Maltreatment by word or deed, no need to file a criminal action.
7. Leads a dishonorable or disgraceful life.
8. Conviction of a crime penalized with civil interdiction

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