Heir Intestate Share Reason A B C D Total
Heir Intestate Share Reason A B C D Total
ART 915 A compulsory heir may, in consequence of In order that a testator may lawfully exercise the
disinheritance, be deprived of his legitime power to disinherit a compulsory heir, the
for causes expressly stated by law. following requisites must concur:
1. The disinherited heir must be a compulsory
Concept of Disinheritance heir
A compulsory heir may not be deprived of the - Voluntary heirs cannot be disinherited;
legitime except through a testamentary act known they have no statutory entitlement to the
as disinheritance. hereditary estate, and for which reason
Causes: serious offenses committed by they cannot be deprived of anything
compulsory heir against testator 2. The disinherited heir must be identified with
Disinheritance: the deprivation of the legitime of a certainty
compulsory heir. - Testator must designate the disinherited
heir by name.
Total Exclusion from the Inheritance - If there are 2 persons having the same
If testator disinherits compulsory heir = testator name, testator shall indicate
would not be inclined to favor disinherited heir circumstances by which disinherited heir
with share of disposable free portion, over which shall be known.
he exercises almost absolute control - Can be identified by description, provided
Effects of a valid disinheritance extend to all there is no doubt as to identity of
entitlements which disinherited heir could have disinherited heir
received from testator by succession. - If there is ambiguity which is not clarified,
Example: disinheritance is void
1. Testator left a net hereditary estate of - Error in name or personal circumstances
P120,000. He was survived by two legitimate will not invalidate disinheritance provided
children A and B, the surviving spouse C, and true identity can be established.
an illegitimate child D. The sole disposition in 3. The disinheritance must be for a cause
testator’s will is disinheritance of A for a true specified by law
and lawful cause. The estate of testator shall - Causes for disinheritance are exclusive
be distributed in accordance with law of and cannot be extended to include any
intestacy. other cause.
Heir Intestate Reason - Disinherited heir must be informed of
Share cause of disinheritance.
A 0 - It is sufficient that testator’s description
B 60k Sole primary compulsory heir, get
of cause falls squarely within a ground
C 30k Entitled to ¼ of estate as legitime
D 30k Entitled to half of share of B as specified by law.
legitimate 4. The disinheritance must be made in a valid
Total 120k will.
Estate of testator is barely sufficient to pay - Not necessary to be stated in the same
legitime. The legitime of compulsory heirs is will.
equal to their respective intestate shares. - Can be in a subsequent codicil provided
2. Testator left a net hereditary estate of there is unmistakable connection
P130,000. He was survived by three legitimate between the cause stated and
children A, B, and C. The sole disposition in disinheritance
- If denied probate, disinheritance cannot
testator’s will is the disinheritance of A for a
true and lawful cause. The estate of testator be given effect regardless of guilt or
shall be distributed in accordance with the innocence of disinherited heir.
rules of intestacy. Each B and C will receive 5. The disinheritance must be express
60k, of which 30k represents legitime and the - Cannot be inferred from mere omission of
other 30k their respective shares in disposable a compulsory heir in testator’s will.
free portion. 6. The disinheritance must be for a true and
- NOTICE: while disinheritance refers to certain cause
deprivation of legitime, the effect extends to - The cause for disinheritance must exist at
distribution of disposable free portion. the time of the execution of will.
Disinheritance upon future offense is not
ART 916 Disinheritance can be effected only through permitted.
a will wherein the legal cause therefor shall - Attempt on life must have been
be specified. committed at time of execution of will.
ART 917 The burden of proving the truth of the cause 7. The disinheritance must be total
for disinherited heir should deny it. - 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 institution of heirs insofar as it may
(2) To pardon the heir prejudice the person disinherited; but the
Testator may not exercise power to disinherit a devises and legacies and other testamentary
compulsory heir in the following manner: dispositions shall be valid to such extent as
(a) Partially deprive a compulsory heir of legitime will not impair the legitime.
or otherwise reduce his legitime
(b) Deny the legitime, but give a legacy or devise Effects of Void Disinheritance
to the disinherited heir or Three types of void disinheritance:
(c) Deny the disinherited heir the right to 1. Disinheritance without a specification of the
participate in the distribution of the estate cause
through testamentary succession, but permit 2. Disinheritance for a cause the truth of which,
the same heir to patriciate in the distribution if contradicted is not proved and
of any undistributed part of inheritance by 3. Disinheritance for a cause not provided by law
intestacy. Effects:
1. Disinheritance is ineffective
Summary - Disinherited heir cannot be excluded from
Essential features of disinheritance may be inheritance. Cannot be deprived of
summarized as follows: legitime
1. Disinheritance can only occur in testamentary 2. Institution of heirs is annulled
succession. There can be no disinheritance in - Annulled insofar as it may prejudice the
intestacy. disinherited heir. Purpose of annulling
2. Only compulsory heirs may be disinherited. institution of heir is to make available
Voluntary heirs cannot be disinherited; they sufficient assets to pay legitime of the
are not entitled to the legitime. ineffectively disinherited heir.
3. Any testamentary disposition in favor of - May either be total or partial, depending
voluntary heir may be revoked by the testator on circumstances of the case.
at any time prior to his death with or without - Example:
cause, and such revocation cannot be A testator was survived by three
construed as a form of disinheritance legitimate children A, B and C. in his
4. A valid disinheritance carries with it the will he disinherited A without stating
automatic revocation of any and all cause, and instituted B and C as
testamentary dispositions made by the universal heirs to net estate of
testator in prior wills in favor of disinherited P120,000. Clearly intention was to
heir. Such revocation need not be made give B and C P60k each and exclude
expressly in the will that disinherits such Aa from inheritance. Because
compulsory heir. Note that disinheritance is disinheritance of A is void, A cannot
the total exclusion of an heir from inheritance be deprived of the legitime.
of testator. Institution of universal heirs shall be
5. A valid disinheritance bars the disinherited annulled but only to the extent
heir from inheriting from the testator both by necessary to allow recovery of A’s
testacy and by intestacy. Disinheritance of a legitime, which is P20k.
compulsory heir is an express directive of Heir Share Reason
testator to exclude such compulsory heir from A P20k This amount represents
A’s legitime which he
inheritance. entitled to recover due
to nullity of
Burden of Proof disinheritance
Burden of proving the truth of the cause thereof B&C P50k While D and C were
ea originally entitled to 50k
upon the heirs of the testator who seek to enforce ea, testator must be
the disinheritance. proportionately recued
Competent evidence of culpability on the part of so that A’s legitime
the disinherited heir is necessary; the word of could be paid
testator is not sufficient.
Testator cannot, in the will or some other writing, 3. Legacies and Devises may be reduces
dispense with the presentation of proof of guilt, - Legacies and devises shall be reduced or
particularly if disinherited heir should deny abated only if after annulment of the
accusation. instituted of heirs there are insufficient
assets to satisfy the legitime of the
ART 918 Disinheritance without a specification of the disinherited heir.
cause, or for a cause the truth of which, if - Basis:
contradicted, is not proved, or which is not Instituted heir is give a fraction of
one of those set in this Code shall annul the estate without specification of
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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
conviction concubinage.
Concubinage
ineffective. 2. Nullity of
Presidential pardon does not negate fact will
that crime was committed. executed
5. Degree of Attempt on life does not make any with vice of
Participation distinction as to degree of participation consent
in the Crime of disinherited heir in the offense 3. Unworthy
charged (Art 16 RPC). Need not be heir
convicted as principal (Art 17 RPC), 4. Necessity to
whether by direct participation, by Give Support
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At