Can an Heir Be Disinherited in the Philippines? Essential 2026 Legal Guide

Can an heir be disinherited in the Philippines? Yes, but only under specific circumstances allowed by Philippine law. A compulsory heir cannot simply be excluded from an inheritance because the testator prefers another person. Valid disinheritance requires a will, a legally recognized cause, and compliance with the requirements of the Civil Code.

This article is written by Romualdez Law Offices and is based on Philippine succession law, the Civil Code, and relevant Supreme Court jurisprudence. Specific outcomes depend on the family relationship, contents of the will, estate composition, and circumstances surrounding the alleged cause for disinheritance.

What Is Disinheritance?

Disinheritance is the intentional deprivation of the legitime of a compulsory heir through a testamentary act.

Under Article 915 of the Civil Code, compulsory heirs may be disinherited only for causes expressly provided by law.

Disinheritance is different from simply leaving an heir out of a will. In Maninang v. Court of Appeals, G.R. No. L-57848, June 19, 1982 the Supreme Court distinguished an express disinheritance from preterition, which involves the total omission of a compulsory heir in the direct line.

Can an Heir Be Disinherited in the Philippines?

Yes, but the legal requirements must be strictly observed.

Under Article 916 of the Civil Code, disinheritance must be made in a will and the legal cause must be expressly stated.

For a disinheritance to be effective:

The person being disinherited must be a compulsory heir;
The disinheritance must be made through a valid will;
The will must expressly state the legal cause for disinheritance; and
If the heir denies the cause, its truth must be proved by the other heirs.

The law does not allow disinheritance merely because of family disagreements, estrangement, or personal resentment.

What Are the Legal Causes for Disinheriting a Child?

Under Article 919 of the Civil Code, legitimate children and descendants may be disinherited for causes including:

attempting against the life of the testator, the testator’s spouse, descendants, or ascendants;
making a groundless accusation of a crime punishable by imprisonment of six years or more;
conviction for adultery or concubinage with the testator’s spouse;
using fraud, violence, intimidation, or undue influence to make or change a will;
unjustifiably refusing to support the parent or ascendant;
maltreatment of the testator by word or deed;
leading a dishonorable or disgraceful life; and
conviction of a crime carrying the penalty of civil interdiction.

The cause stated in the will must correspond to a cause recognized by law.

What Happens If the Disinheritance Is Invalid?

An invalid disinheritance does not necessarily invalidate the entire will.

Under Article 918 of the Civil Code, when a disinheritance is not properly established, the institution of heirs is annulled insofar as it prejudices the disinherited compulsory heir. Legacies and devises remain effective only to the extent that they do not impair the heir’s legitime.

In practical terms, the compulsory heir may recover the portion of the estate that the law reserves as his or her legitime.

Disinheritance vs. Preterition

These concepts are often confused.

Disinheritance is an express act in a will intended to deprive a compulsory heir of his or her legitime for a legally recognized cause.

Preterition, on the other hand, generally involves the complete and intentional or unintentional omission of a compulsory heir in the direct line without a valid disinheritance.

Under Article 854 of the Civil Code, preterition may annul the institution of heirs, subject to the legal treatment of valid legacies and devises.

The Supreme Court discussed preterition and its consequences in Maninang v. Court of Appeals, G.R. No. L-57848, June 19, 1982 and Trinidad v. Trinidad, G.R. No. 254695, December 06, 2023

Do the Children of a Disinherited Heir Still Inherit?

They may.

Under Article 923 of the Civil Code, the children and descendants of a disinherited person may represent that person and preserve their rights as compulsory heirs with respect to the legitime.

The disinherited parent, however, does not retain usufruct or administration over the property corresponding to that legitime.

Can Reconciliation Cancel a Disinheritance?

Yes.

Under Article 922 of the Civil Code, reconciliation between the testator and the offended heir deprives the testator of the right to disinherit and renders an earlier disinheritance ineffective.

Accordingly, a previous conflict does not necessarily mean that a disinheritance will remain effective if the parties subsequently reconcile under circumstances recognized by law.

Can an Heir Waive a Future Legitimate Share?

Generally, a future legitime cannot simply be waived or compromised before succession opens.

The Civil Code treats agreements concerning future legitimes differently from ordinary property transactions. A person considering an agreement affecting inheritance rights should therefore have the document reviewed before signing.

What Should You Do If You Want to Disinherit an Heir?

If you are preparing a will and intend to disinherit a compulsory heir, the will should be carefully reviewed to ensure that:

the person is actually a compulsory heir;
the stated ground is expressly recognized by law;
the cause is accurately stated;
the testamentary formalities are satisfied;
the legitimes of other compulsory heirs are not impaired; and
sufficient evidence exists to establish the stated cause if the disinheritance is contested.

A defective disinheritance can result in litigation during probate and may substantially change how the estate is distributed.

Need Legal Assistance With a Will or Disinheritance?

Romualdez Law Offices assists clients with:

Last Will and Testament preparation;
disinheritance provisions;
succession and inheritance planning;
probate proceedings;
estate settlement; and
disputes involving compulsory heirs and legitimes.

Legal Disclaimer

This article is written by Romualdez Law Offices for general legal information and is based on Philippine statutes and jurisprudence available at the time of publication. It is not a substitute for legal advice based on the specific facts of a case.

The application of succession law may depend on the family relationships of the parties, the validity and wording of the will, the nature and value of the estate, and the evidence supporting or opposing the alleged cause for disinheritance. Professional legal advice should be obtained before executing a will or taking action concerning inheritance rights.

This article is written by Romualdez Law Offices, a Philippine law firm that assists clients in estate settlement, succession law, probate proceedings, property transactions, and civil litigation.

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