A had three children, X, Y, and Z. In her will, A instituted only X and Y as her heirs to her entire estate. She disinherited Z because Z married a drug addict who was disrespectful. Is Z’s disinheritance valid? Reason(s).
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No, Z's disinheritance is not valid. Under Article 916 of the Civil Code, disinheritance can be effected only through a valid will specifying a legal cause. Under Article 919, the statutory grounds for disinheriting children are exclusive, and marrying a
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Quick check
Under Article 916 of the Civil Code, how may a compulsory heir be validly deprived of his or her legitime?
Under Article 916, disinheritance can be effected only through a valid will specifying a legal cause.
Which of the following is true regarding the legal causes for disinheriting children under Article 919 of the Civil Code?
The legal grounds for disinheriting children under Article 919 are exclusive and cannot be expanded.
What is the legal effect under Article 918 of a disinheritance based on a cause not authorized by law?
Under Article 918, an unauthorized disinheritance is ineffective and annuls the institution of heirs to the extent of the legitime.
Why was A's disinheritance of her child Z legally invalid?
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What portion of the estate is Z entitled to receive after her invalid disinheritance is annulled?
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Learn more about these topics
1. Valid Disinheritance
Under Article 916 of the Civil Code, disinheritance can be effected only through a valid will specifying a legal cause expressly stated by law. Disinheritance is the testamentary disposition by which a testator deprives a compulsory heir of his or her legitime for cause. Because it deprives a compulsory heir of a right granted by law, the statutory requirements for a valid disinheritance must be strictly observed. If the cause is not stated in the will, is not one of those enumerated by law, or is not proven if contradicted, the disinheritance is completely ineffective.
2. Exclusive Statutory Causes
Under Article 919 of the Civil Code, the legal causes for the disinheritance of children and descendants are exclusive and strictly construed. These legal grounds include conviction of an attempt against the testator's life, groundless accusation of a crime, lead a dishonorable or disgraceful life, or maltreatment by word or deed. A testator cannot arbitrarily create new grounds for disinheritance based on personal disapproval or dislike. Marrying a drug addict or someone deemed disrespectful by the testator is not among the exclusive legal causes enumerated under Article 919; hence, disinheritance based on such reasons is legally void.
3. Imperfect Disinheritance
Under Article 918 of the Civil Code, a disinheritance made without specification of cause, or for a cause the truth of which, if contradicted, is not proved, or which is not one of those set forth by law, shall annul the institution of heirs insofar as it may prejudice the disinherited compulsory heir. However, devises and legacies and other testamentary dispositions shall remain valid to the extent that they do not impair the disinherited heir's legitime. Thus, an invalid disinheritance merely reinstates the disinherited compulsory heir to his full legitime without invalidating the whole will.