SUBJECT: The Rule on ‘The Disinheritance’ and the Valid Grounds under the Code

I. Introduction

This memorandum provides an exhaustive analysis of the rule on disinheritance under the Philippine Civil Code. Disinheritance is a testamentary disposition by which a legal heir, who is otherwise entitled to a legitime, is deprived of his or her share in the legitime for causes expressly stated by law. It is a harsh remedy, strictly construed against the testator. This memo will delineate the conceptual framework, procedural and substantive requirements, valid grounds for disinheriting compulsory heirs, comparative grounds for voluntary heirs, effects, and the procedural mechanism for accretion.

II. Conceptual Framework and Distinctions

Disinheritance must be distinguished from other forms of testamentary exclusion. It applies only to compulsory heirs or legitimarios. The deprivation is not merely of a discretionary portion but of the legitime itself. It is distinct from: (1) Preterition, which is the omission of a compulsory heir from the will, affecting the heir’s legitime but not necessarily due to fault; (2) Disinheritance of voluntary heirs, which is governed by more liberal rules under Article 850; and (3) Simple exclusion from a devise or legacy, where the heir may still receive their legitime. Disinheritance is a punitive act by the testator, requiring just cause.

III. Substantive and Procedural Requirements for Validity

For a disinheritance to be valid, the Civil Code imposes strict formal and substantive requisites under Articles 915 and 916.
First, it must be effected through a will. A verbal or extrajudicial disinheritance is void.
Second, the cause must be true and certain. The testator’s belief must be grounded in fact.
Third, the cause must be expressly stated in the will. Vague or general statements (e.g., “for being ungrateful”) are insufficient. The factual circumstances constituting the cause must be narrated.
Fourth, the cause must be one of those expressly provided by law for disinheriting a compulsory heir, as enumerated in Articles 919 and 920 of the Civil Code. No other cause, however grievous, is valid.
Fifth, the cause must exist at the time of the execution of the will. A cause that supervenes after the execution does not automatically validate a prior disinheritance clause unless the will is republished.

IV. Valid Grounds for Disinheriting Compulsory Heirs (Articles 919 & 920)

The grounds are exclusive and categorized based on the heir disinherited.

A. Grounds Applicable to All Compulsory Heirs (Article 919):

When the heir has been convicted of an attempt against the life of the testator, his or her spouse, descendants, or ascendants.

When the heir has accused the testator of a crime for which the law prescribes imprisonment for six years or more, and the accusation has been found groundless.

When the heir has been convicted of adultery or concubinage with the spouse of the testator.

When the heir, by fraud, violence, intimidation, or undue influence, induces the testator to make a will or to change one already made.

When the heir has acted with the same means to prevent the testator from making a will, or from revoking one already made, or from suppressing a subsequent will.

When the heir has forged, falsified, altered, concealed, or destroyed the testator’s will.

When the heir has refused without justifiable cause to support the testator or testatrix.

When the heir has maltreated the testator or testatrix by word or deed.

When the heir has been convicted of a crime with a penalty of civil interdiction.

When the heir leads a dishonorable or disgraceful life (vida deshonrosa).

Conviction for a crime against property of the testator.

B. Additional Grounds Specific to Disinheriting Descendants (Article 920):

When the child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, ascendants, or descendants.

When the child or descendant has accused the parent of a crime punishable by six or more years of imprisonment, and the accusation was proven false.

When the child or descendant has been convicted of adultery or concubinage in relation to the parent’s spouse.

When the child or descendant, by the same means noted in Article 919, induces a parent to make a will or change one.

When the child or descendant leads a corrupt or immoral life (vida corrupta o inmoral).

When the child or descendant is a profligate.

When the child or descendant refuses to support the parent without just cause.

When the child or descendant has attempted against the life of the spouse of the testator.

V. Grounds for Disinheriting a Spouse

A spouse may be disinherited only for causes enumerated in Article 919, as there is no separate article for spouses. Notably, the ground of adultery or concubinage under Article 919(3) is particularly relevant. The ground of leading a dishonorable or disgraceful life may also apply, subject to judicial interpretation.

VI. Disinheritance of Voluntary Heirs (Article 850)

The rules for disinheriting voluntary heirs (e.g., relatives outside the legitime, strangers) are less stringent. Under Article 850, the testator may deprive them of their share for any cause he or she deems sufficient, provided it is not contrary to law, morals, or public policy. The cause need not be stated in the will, though it is prudent to do so to prevent challenges. The broad discretion under Article 850 stands in stark contrast to the restrictive enumeration for compulsory heirs.

VII. Comparative Table: Disinheritance of Compulsory vs. Voluntary Heirs

Aspect	Disinheritance of a Compulsory Heir (Articles 919, 920)	Disinheritance of a Voluntary Heir (Article 850)
Legal Basis	Articles 915, 916, 919, 920 of the Civil Code.	Article 850 of the Civil Code.
Required Cause	Cause must be one of those expressly enumerated by law.	Cause is at the testator’s discretion; any valid reason suffices.
Statement in Will	Cause must be expressly stated and described with particularity.	Cause need not be stated in the will.
Standard of Proof	Cause must be true and certain; may be contested in court.	Generally not subject to judicial inquiry if cause is not stated; if stated, it must be true.
Effect of Invalidity	Invalid disinheritance results in heir receiving full legitime.	Invalid disinheritance may result in heir receiving the devise/legacy, subject to inoficiosidad.
Governing Principle	Strict interpretation; protection of the legitime and family solidarity.	Testamentary freedom; will of the testator prevails.

VIII. Effects of a Valid Disinheritance

The primary effect is the deprivation of the disinherited heir’s share in the legitime. The share of the disinherited heir does not pass by intestate succession to his or her own descendants (they are excluded by representation in this instance, per Article 922). Instead, the share shall accrete to the other compulsory heirs of the same class. If all compulsory heirs of the class are disinherited, or if the sole compulsory heir is disinherited, the share of the legitime shall be distributed among the other classes of compulsory heirs or, in their absence, shall augment the free portion.

IX. Procedural Mechanism: Accretion of the Share

Article 923 provides the rule of accretion. The share of the disinherited heir shall be divided among the other compulsory heirs of the same class (e.g., among other children) in proportion to their own legitimes. If there are no other compulsory heirs in that class, it shall pass to the compulsory heirs in the nearest class. This process is automatic by operation of law upon the valid effectivity of the disinheritance. The disinherited heir is treated as if he or she predeceased the testator for purposes of the legitime.

X. Conclusion

Disinheritance is a solemn act strictly regulated by the Civil Code to balance the testator’s right to punish reprehensible conduct against the protective policy of the legitime. For compulsory heirs, it requires strict compliance with formal and substantive requisites, limiting causes to an exclusive statutory list. In contrast, disinheriting voluntary heirs is largely within the testator’s discretion. The effects are significant, redirecting the deprived legitime via accretion to other compulsory heirs. Given the gravity of disinheritance and the high likelihood of will contests, meticulous drafting and adherence to procedural and substantive law are paramount.