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 The will must not have been Revoked.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.