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Disinheritance Handouts

The document discusses disinheritance through a will under Philippine law. Disinheritance involves depriving a compulsory heir of their legitime, or rightful inheritance share, through a testamentary disposition for lawful causes. An effective disinheritance must be expressly stated in a will, for a true and legal cause, unconditionally identify the disinherited heir, and not be revoked. Grounds for disinheriting children include attempting to kill the testator or their relatives, or making an accusation against them that is found to be groundless.

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574 views2 pages

Disinheritance Handouts

The document discusses disinheritance through a will under Philippine law. Disinheritance involves depriving a compulsory heir of their legitime, or rightful inheritance share, through a testamentary disposition for lawful causes. An effective disinheritance must be expressly stated in a will, for a true and legal cause, unconditionally identify the disinherited heir, and not be revoked. Grounds for disinheriting children include attempting to kill the testator or their relatives, or making an accusation against them that is found to be groundless.

Uploaded by

Jan Aldrin Afos
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

- The process or act, through a testamentary disposition of depriving in a will any compulsory heir
of his legitime for true and lawful causes. (Article 915, New Civil Code)

REQUISITES OF AN EFFECTIVE DISINHERITANCE (SIR-CUT-WEL)

 Must be made in a Will.


 Must be made Expressly.
 Must be for a Legal cause.
 Must be for a True cause.
 Must be Uncoditional.
 Must be Complete or Total.
 The cause must be Stated in the will.
 The disinherited heir must be clearly Identified.
 The will must not have been Revoked.

EFFECTS AND LEGAL IMPLICATIONS:

The disinherited heir forfeits:

 his legitime;
 his intestate portion(free portion), if any; and
 any testamentary disposition made in a prior will of the disinheriting testator.

GROUNDS ON DISINHERITANCE OF CHILDREN/DESCENDANTS (Article 919, New Civil Code)

The following shall be sufficient causes for the disinheritance of children and descendants,
legitimate as well as illegitimate: (DAMA – FASI)

1. Attempt against the life of the testator, his or her spouse, descendants, or ascendants
 All stages of commissions are included – attempted, frustrated or consummated.
 There must be intent to kill
 Final conviction is necessary, however, this judgment may come before or after the
execution of the will.
2. Accusation
 Three elements:
a. the act of accusing (may include the institution of a criminal action);
b. the fact that the accusation has been found groundless;
c. the offense or crime charged carries a penalty of imprisonment for at least six (6)
years.
 Note that the alleged crime must have been committed against the child himself or
against any descendant, or for that matter against anybody.

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