How to disinherit your spouse

Spouses no longer have the right to inherit from one another after their marriage is annulled (for voidable marriages) or declared null and void (for void marriages).

In a legal separation under Articles 55 to 67 of the Family Code, Article 63, paragraph(4) provides for the disqualification of the offending spouse from inheriting the innocent spouse by intestate succession (this term simply means “without a last will and testament”). Moreover, provisions in favor of the offending spouse in a last will and testament previously executed by the innocent spouse shall be revoked by operation of law.

There are situations however when the spouses are merely separated without having gone through the judicial process of annulment, declaration of nullity or legal separation. There may also have been instances of abuse where physical separation became necessary. In instances of actual separation of the spouses where there are no judicial proceedings for annulment, declaration of nullity or legal separation, I have counseled people to, at the very least, file a petition for judicial separation of property as provided for by Articles 134 up to 142 of the Family Code.

Requisites and grounds for disinheriting a spouse

In extreme situations, instead of judicial separation of property, I have counseled some people to disinherit their spouses. 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.

The requisites of valid disinheritance under Art. 918 of the New Civil Code are:

[1] It must be done in a valid will;
[2] It must be express;
[3] There must be a true cause;
[4] The cause must be existing;
[5] It must be total and complete;
[6] The cause must be stated in the will;
[7] The heir disinherited must be identified;
[8] The will must not have been revoked.

The grounds for the disinheritance of a spouse under Art. 921 of the New Civil Code are:

[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 punishable by imprisonment of six years or more, and the accusation is false;
[3] When the spouse, by fraud, violence, intimidation or undue influence causes the testator to make a will or to change it;
[4] When the spouse has given cause for legal separation;
[5] When the spouse has given grounds for loss of parental authority;
[6] Unjustifiable refusal to support the children or the other spouse.