A lot of Filipinos, in their twilight years, have told their children that whoever would take care of them in their time of old age or sickness, would be the one to inherit from them. Those who did not do so will not receive anything by way of inheritance. Sadly, this is a mistaken idea.
Here in the Philippines, we have the system of compulsory heirs under the New Civil Code. This simply means that certain individuals have the legal right to inherit from us. The only way we can deprive a compulsory heir of his inheritance is through the process of disinheritance.
Also, under RA 8552 (Domestic Adoption Act of 1998), rescission of adoption is no longer allowed. This means that once adopted, a person cannot be “un-adopted” or “dis-adopted” (if there are such words) by his adoptive parents. What the adoptive parents can do is to disinherit the adopted child.
Please take note that the law is very strict in the matter of disinheritance. If the requisites are not complied with, the disinheritance can be set aside. You must seek the help of a lawyer-notary public who is well-versed in the requisites stated in the New Civil Code of the Philippines.
Grounds for disinheriting children and descendants
Article 919 of the New Civil Code provides the grounds for disinheriting children and descendants (grandchildren), legitimate as well as illegitimate. The word "testator" mentioned several times below refers to the person making a last will and testament. Please take note that disinheritance must be done through a will.
[1] When a child or descendant has been found guilty of an attempt against the life of the testator, his or her own 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 groundless;
[3] When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator;
[4] When a child or descendant by fraud, violence, intimidation or undue influence causes the testator to 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 with the penalty of civil interdiction.
Requisites for valid disinheritance of children and descendants
The requisites of valid disinheritance under Art. 918 of the New Civil Code are:
- It must be done in a valid will;
- It must be express;
- There must be a true cause;
- The cause must be existing;
- It must be total and complete;
- The cause must be stated in the will;
- The heir disinherited must be identified;
- The will must not have been revoked.
10 comments:
Hi Atty.,
I have a Lola who died single. I believe this means she has no compulsury heir. She left a will inheriting those relatives close to her. Are the relatives who are not mentioned in the will have the right to ask for inheritance (maghabol)?
Also what are the cases that a will may be invalidated.
thanks a lot and more power.
1. Your narration is not complete as to how you are related to your “Lola” and who her relatives are.I will presume that she is the sister of your grandfather or grandmother either on your father’s side or mother’s side.
Please surf to the New Civil Code section of my website www.familymatters.org.ph). Art. 887 NCC defines who the compulsory heirs are:
(1) Legitimate children and descendants, with respect to their legitimate parents and ascendants;
(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;
(3) The widow or widower;
(4) Acknowledged natural children, and natural children by legal fiction;
(5) Other illegitimate children referred to in Article 287.
Compulsory heirs mentioned in Nos. 3, 4, and 5 are not excluded by those in Nos. 1 and 2; neither do they exclude one another.
In all cases of illegitimate children, their filiation must be duly proved.
The father or mother of illegitimate children of the three classes mentioned, shall inherit from them in the manner and to the extent established by this Code.
Since your Lola died single (with no children, parents, ascendants), then she has no compulsory heirs. Art. 842 of the NCC states that “one who has no compulsory heirs may dispose by will of all his estate or any part of it in favor of any person having capacity to succeed.”
HOWEVER, a last will and testament must comply with certain legal requirements as provided for by Articles 804 to 885 NCC. If these requirements have not been complied with, then the will can be invalidated. For example, if the last will and testament contains only a JURAT (“subscribed and sworn to before me …) and not a notarial ACKNOWLEDGMENT (“Before me a notary public .. personally appeared … known to me … and she testified that the same is her voluntary act and deed …”) then the will is not valid.
Any relative who wants to claim a part of your Lola’s estate must prove that the will is defective for not having complied with the requirements. If the will is indeed found to be defective, then Articles 1003 up to 1010 NCC will apply.
dear atty. galacio,
my kumpare a widower, but later remarried,narrated to me na masama ang loob nya sa mga anak ng babae simply because they favored other persons to live sa bahay na supposed to be ay may karapatan pa rin sya.noong magasawa kasi sya ay pumisan sya sa asawa nya ngayon. sinabi lang nya na ibibigay nya ang bahay at lupa sa bunso niyang anak. at iba pa nyang anak ay pinagpatayo na nya ng lupa at yong isa ay binigyan na rin nya ng lupa. ngayon noong gusto na ng lumipat doon ng pansamantala habang nasa ibang bansa ang ank at manugang nya ay tumanggi ang anak nyang babae at binigyan pa sya ng kondisyon sa pagtira doon at kapag si masunod ay sa iba nila patitirhan. masamang-masama ang loob nya sa dalawang anak nyang babae. naisip nya hanggat buhay sya ay magpagawa sya ng notarial will at gusto nyang idisinherit ang mga yon. pwede ho bang maging ground ang treatment na ginawa ng mga anak nya sa kanya? maraming salamat po
Some of the grounds for disinheriting a child are maltreatment in word or deed, and ungratefulness.
Tell your kumpare to make sure that he gets a competent notary public. The legal requirements are strict for last will and testament, and for disinheritance. If the notary public does not know the requirements, then the disinheritance could be set aside.
For everyone:
Thanks for browsing this blog. I hope that I have been able to help you even in some small way. From this point on, however, please do not post your questions or comments here. Please email to me your questions or comments at gtgalacio@yahoo.com.
Answering e-mails is a much more straightforward and time conserving effort for me. With questions posted in this blog, I have to first open my e-mail and then copy/paste the comments or questions to Word. After composing my replies, I then have to search for the specific page where the comments are located and then use a dialog box to post my replies. It is a time-consuming process.
Again, from this point on, please e-mail your questions or comments to me.
dear atty galacio,
nagpakasal po kasi kami ng asawa kong biyudo two years ago na. ngayon lang nya nai-file ang extra-judicial settlement ng conjugal properties ng namatay nyang asawa. ang tanong ko po ay ano po ang mga legal rights ko sa properties nya if ever na meron sa conjugal properties ng namatay nyang asawa at sa namana nyang kabuhayan sa namatay din nyang mga magulang. maraming salamat po
gud day,
gus2 ko lang po sanang magtanong although my father is still alive separated cya sa mother ko all his properties ay ipinangalan na nya sa 2nd family nya meaning hndi nya na kailangang mag file ng disinheritance sa aming 3 magkakapatid na 1st family nya kasal cya sa mother ko tanong ko lang po sana kung puwede na ba naming habuling magkakapatid yung mana namin sa kanya despite the fact na buhay pa cya? gus2 lang po sana kc naming masettle b4 cya mawala para maiwasan na rin ang gulo between us and his 2nd family? tnx
1. Your father can be prosecuted for criminal cases for concubinage under the Revised Penal Code OR psychological violence under RA 9262 (please read my posts on these topics; look for the links in the sidebar).
2. Succession (the legal term for the right to inherit) opens or begins only upon the death of the person. You cannot therefore demand your inheritance whole your father is still alive.
Your father can of course give to you and your siblings what you are entitled to inherit from him in the form of what is known as “donation mortis causa” but that is voluntary on his part.
3. “hndi nya na kailangang mag file ng disinheritance sa aming 3 magkakapatid na 1st family”
What do you mean? Even if your father is now living with another woman, your mother, you and your siblings are still his compulsory heirs. You will have the right to inherit from your father once he dies. That right cannot be taken away from you except in a valid disinheritance which complies with all the requirements of the New Civil Code of the Philippines.
Moreover, after your father dies, you can run after all his properties, even those in the name of his second family. Please take note that the property relations between your father and the second woman is governed by Article 148 of the Family Code (please surf to my website www.familymatters.org.ph).
Article 148 states that the second woman must be able to prove that she made actual contributions in the purchase of these properties.
Under Article 148, if and when it is the second woman who dies before your father, then your father’s share in the partnership property will not go to him but to you (his legal family).
3. You should retain the services of a lawyer who can give you various options of how to ask your father to voluntarily give to you NOW what comprises your future inheritance.
What counts as a dishonorable or disgraceful life? How do the courts treat homosexuality?
Padfoots,
Justice Paras states that “the essence of the cause is that anything which brings dishonor or disgrace to the family of the testator (the person who makes the will or who disinherits the child) merits correction in the form of disinheritance. However, a single act is not ordinarily sufficient for leading a life implies continuity.”
The Supreme Court, citing the opinion of Sen. Tolentino, in Seangio vs. Reyes ruled that “the fundamental principle that the intent or the will of the testator, expressed in the form and within the limits prescribed by law, must be recognized as the supreme law in succession. All rules of construction are designed to ascertain and give effect to that intention. It is only when the intention of the testator is contrary to law, morals, or public policy that it cannot be given effect.”
This means that even if homosexuality may have become acceptable to a large part of Philippine society, what’s important is what the decedent/testator (the person who makes the will or who disinherits the child) thinks and feels about the situation.
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