Can Parents Disinherit a Child in the Philippines?
Quick answer
Yes, but only in a narrow way. A parent can disinherit a child only in a valid will that states one of the legal causes listed in Article 919 of the Civil Code, such as maltreatment of the parent or an unjustified refusal to support the parent. If the child denies the cause, the other heirs must prove it. A disinheritance with no cause, a false cause or a cause not in the law fails, and the child keeps his or her legitime.
Why can't a parent simply leave a child out?
Children are compulsory heirs (Article 887), and the law reserves part of the estate for them, the legitime. Legitimate children share one-half of the estate (Article 888). Article 904 protects that share:
The testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified by law.
Disinheritance is the main exception. Article 915 says a compulsory heir may be deprived of the legitime "for causes expressly stated by law."
See also the comparison preterition vs disinheritance.
How must disinheritance be done?
Only in a will. Article 916 says:
Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified.
That rules out many things families try:
- saying "wala kang mana" in front of relatives;
- a letter, text message or post that is not a valid will;
- a deed of sale or donation that leaves one child out. A deed is not a will and cannot disinherit, and donations to children are counted against their legitime when the parent dies (Articles 908 and 909).
A will must follow the forms of the Civil Code and must be allowed by a court (probate) before it can pass property (Article 838; Rule 75 of the Rules of Court).
What are the legal causes for disinheriting a child?
Article 919 lists eight. They apply to children and descendants, "legitimate as well as illegitimate". In plain words:
- The child was found guilty of an attempt against the life of the parent, the parent's spouse, descendants or ascendants.
- The child accused the parent of a crime punishable by six years or more of imprisonment, and the accusation was found groundless.
- The child was convicted of adultery or concubinage with the parent's spouse.
- The child, by fraud, violence, intimidation or undue influence, caused the parent to make or change a will.
- The child refused, without justifiable cause, to support the parent.
- The child maltreated the parent by word or deed.
- The child leads a dishonorable or disgraceful life.
- The child was convicted of a crime that carries the penalty of civil interdiction.
Two of them, quoted:
(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;
Being "pasaway", not visiting, or marrying someone the parent dislikes is not on the list by itself. Whether specific facts fit a cause, such as "maltreatment by word", is for a court to decide on the evidence.
Separate lists exist for disinheriting parents (Article 920) and a spouse (Article 921).
What if the child says the cause is not true?
The other heirs carry the burden:
The burden of proving the truth of the cause for disinheritance shall rest upon the other heirs of the testator, if the disinherited heir should deny it.
If they cannot prove it, Article 918 applies. A disinheritance without a stated cause, with a cause that is not proved, or with a cause not in the Code "shall annul the institution of heirs insofar as it may prejudice the person disinherited". The child gets the legitime back. Gifts of specific property in the will (devises and legacies) stay valid only to the extent that they do not impair the legitime.
Can the parent change his or her mind?
Yes, and forgiveness counts. Article 922 says a later reconciliation between the offender and the offended person removes the right to disinherit and makes any disinheritance already made ineffective. And if a disinheritance is valid, the disinherited child's own children take his or her place for the legitime (Article 923).
How does this work in real life?
These are made-up examples to show how the rule works. They are not advice for any real case.
Lola Remy makes a will, signed before witnesses, that disinherits her son Rodel, stating that he repeatedly insulted and hit her (Art. 919(6)). After her death, Rodel denies it. Under Article 917, his siblings must prove the maltreatment in court. If they cannot, the disinheritance fails and Rodel keeps his legitime (Art. 918).
Mang Tonyo tells the whole family at a reunion that his daughter Joy "will get nothing". He never makes a will. When he dies, Joy inherits like her siblings: a spoken statement cannot disinherit (Art. 916). See Who inherits if there is no will?
Aling Nora's will says "I disinherit my son Jun" but gives no reason. Under Article 918, Jun still gets his legitime.
Ben's father validly disinherited him in a will, and the cause was proved in court. Ben's two children take Ben's place and receive the legitime he would have had (Art. 923).
When do you need a lawyer?
Disinheritance is strict, and a mistake in the will or in the stated cause can undo it. A parent who wants to disinherit should have a lawyer draft the will. A child who was disinherited, or the other heirs who must prove the cause, need a lawyer for the probate case. For the shares at stake, see Legitime shares in the Philippines and Inheritance in the Philippines.
If you cannot afford a lawyer, see Free legal help in the Philippines for the Public Attorney's Office (PAO) and other options.
Which provisions does this answer rest on?
Which Supreme Court rulings are relevant?
Frequently asked questions
Can I disinherit my child by telling the family or posting it online?
No. Article 916 says disinheritance can be made only through a will that states the legal cause. A spoken statement, a letter that is not a valid will, or a social media post has no effect on the child's legitime.
Can a parent disinherit a child for not visiting or for marrying someone the parent dislikes?
Not as such. The causes are only those listed in Article 919, such as maltreatment of the parent by word or deed or an unjustified refusal to support the parent. Article 918 says a cause not set out in the Code does not work.
Who has to prove the cause of disinheritance?
If the disinherited child denies the cause, the other heirs must prove it is true (Article 917).
What happens if the disinheritance is invalid?
Under Article 918 the institution of heirs in the will is annulled as far as it hurts the disinherited child, who keeps the legitime. Gifts of specific property in the will stay valid as far as they do not impair the legitime.
Do the grandchildren lose out if their parent is disinherited?
No. Article 923 says the children and descendants of the disinherited person take his or her place and keep the rights of compulsory heirs to the legitime.
Can a parent who forgave the child still disinherit?
No. Article 922 says a later reconciliation removes the right to disinherit and makes any disinheritance already made ineffective.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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