What is Disinheritance?

The act of the testator in depriving a

compulsory heir of his legitime for causes
expressly stated by law.
What are the requisites of Disinheritance?
(1) The disinheritance must be for a cause
expressly stated by law;
(2) The disinheritance must be effected
only through a valid will;
(3) The legal cause for the disinheritance
must be specified in the will itself;
(4) The cause for the disinheritance must
be certain and true;
(5) The disinheritance must be total; and
(6)
The
disinheritance
must
be
unconditional.
What is an Imperfect Disinheritance?
Disinheritance without a specification of
the cause, or for a cause the truth of which, if
contradicted, is not proved, or which is not one of
those set forth in this Code, shall annul the
institution of heirs insofar as it may prejudice the
person disinherited; but the devises and legacies
and other testamentary dispositions shall be valid
to such extent as will not impair the legitime.
What are the causes or instances where
disinheritance is considered imperfect?
1.) When it does not specify the cause;
2.) When it specifies a cause the truth of
which, if contradicted, is not proved; and
3.) When it specifies a cause which is not
one of those set forth in the Code.
Imperfect
Disinheritance
the person disinherited
may
be any compulsory heir
the attempt to deprive
the heir of his legitime
is always express
the attempt to deprive
the heir of his legitime
is always intentional
the effect is a partial
annulment
of
the
institution
of heirs

Preterition
the
person omitted
must be a compulsory
heir in the direct line
the attempt is always
implied
the attempt may be
intentional
or
unintentional
the effect is a total
annulment

What
is
the
effect
of
imperfect
disinheritance?
Results in the ANNULMENT of the
institution of heirs insofar as it may prejudice the
person disinherited, but the devises and legacies
and other testamentary dispositions shall be valid
to such extent as will not impair the legitime.

What are the causes for the disinheritance

of children or descendant, legitimate or
illegitimate?
(1) When a child or descendant has been
found guilty of an attempt against the life of the
testator, his or her spouse, descendants, or
ascendants;
(2) When a child or descendant has
accused the testator of a crime for which the law
prescribes imprisonment for six years or more, if
the accusation has been found groundless;
(3) When a child or descendant has been
convicted of adultery or concubinage with the
spouse of the testator;
(4) When a child or descendant by fraud,
violence, intimidation, or undue influence causes
the testator to make a will or to change one
already made;
(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;
(7) When a child or descendant leads a
dishonorable or disgraceful life;
(8) Conviction of a crime which carries
with it the penalty of civil interdiction.
What are the causes for the disinheritance
of parents or ascendant, legitimate or
illegitimate?
(1) When the parents have abandoned
their children or induced their daughters to live a
corrupt or immoral life, or attempted against their
virtue;
(2) When the parent or ascendants has
been convicted of an attempt against the life of
the testator, his or her spouse, descendants, or
ascendants;
(3) When the parent or ascendant has
accused the testator of a crime for which the law
prescribes imprisonment for six years or more, if
the accusation has been found to be false;
(4) When the parent or ascendant has
been convicted of adultery or concubinage with
the spouse of the testator;
(5) When the parent or ascendant by
fraud, violence, intimidation, or undue influence
causes the testator to make a will or to change
one already made;
(6) The loss of parental authority for
causes specified in this Code;
(7) The refusal to support the children or
descendants without justifiable cause;
(8) An attempt by one of the parents
against the life of the other, unless there has
been a reconciliation between them
What are the causes for the disinheritance
of a spouse?

(1) When the spouse has been convicted

of an attempt against the life of the testator, his
or her descendants, or ascendants;
(2) When the spouse has accused the
testator of a crime for which the law prescribes
imprisonment for six years or more, and the
accusation has been found to be false;
(3) When the spouse by fraud, violence,
intimidation, or undue influence causes the
testator to make a will or to change one already
made;
(4) When the spouse has given cause for
legal separation;
(5) When the spouse has given grounds
for the loss of parental authority;
(6) Unjustifiable refusal to support the
children or the other spouse.
What
is
the
effect
of
Subsequent
reconciliation?
The TESTATOR MAY PARDON the offender.
However, before it can have any effect, it is
essential that it must have been ACCEPTED BY
THE OFFENDER thus resulting in a reconciliation
between the two.
What are the effects of Disinheritance?
DEPRIVATION OF THE COMPULSORY HEIR
who is disinherited of any participation in the
inheritance including this legitime. However, if
the compulsory heir has children or descendants
of his own, such children or descendants, shall
take his or her place and shall preserve his or her
right with respect to the legitime, although the
disinherited parents shall not have the usufruct or
administration of the property which constitutes
the legitime.
What is a legatee?
A person to whom a gift of personal
property is given by virtue of a will.
What is a Devisee?
A person to whom a gift of real property is
given by virtue of a will.
What is a Legacy?
A testamentary disposition by virtue of
which a person is called by the testator to inherit
an individual item of personal property.
What is a devise?
A testamentary disposition by virtue of
which a person is called by the testator to inherit
an individual item of real property.
Who are the persons charged with the
payment of the Legacies and Devises?
(1) Any compulsory heir;
(2) Any voluntary heir;
(3) Any legatee or devisee; and

(4) The estate, represented by the

executor or administrator.
However, if the will is silent, the
obligation constitutes a charge or burden upon
the estate of the testator. Consequently, if there
is
an
administration
proceeding,
the
obligation will be performed by the executor or
administrator; if there is none, it will be
performed by the heirs themselves.
What is the extent of the liability?
A legacy or devise constitutes a charge or
burden upon the disposable portion of the
testators estate, BUT if the person who is
charged with the obligation is a compulsory heir,
he cannot be held liable beyond the amount of
the disposable portion given him.
If the person who is charged with the
obligation is a voluntary heir, or a legatee, or
a devisee, his liability shall extend to the entire
share, or legacy, or devise received by him.
What is the liability when no one is
charged?
All shall be liable in the same proportion in
which they may inherit. If the testators will is
silent with regard to the person who shall pay or
deliver the legacy or devise, that such legacy or
devise constitutes a charge against the
decedents estate.
Who is liable for eviction?
If the legacy or devise is INDETERMINATE
OR GENERIC, the heir who is charged with the
payment or delivery of the legacy or devise shall
be liable in case of eviction.
If the legacy or devise is DETERMINATE OR
SPECIFIC, the heir who is charged cannot be
held liable in case of eviction.
What if the Legacy of things belongs PARTLY
to strangers?
If he bequeaths or devises a thing which
belongs partly to him and partly to a third person,
the legacy or devise shall be understood limited
only to the part or interest belonging to him. The
same rule is applied where the thing belongs
partly to the heir, legatee or devisee and partly to
a third person. EXCEPT:
When the testator expressly declares that
he bequeaths or devises the thing in its entirety.
Before this exception can be applied, the
requisites must be present:
1. An express declaration to that effect
appearing in the will itself; and
2. Knowledge on the part of the testator
that the thing belongs partly to a third person.
What is the effect of partition?

If the thing is physically divisible or

convenient of division, the rules are still
applicable:
If what is bequeathed or devised by the
testator is that part which belonged to him before
the partition, the legacy or devise still subsists
without any change. If what is bequeathed or
devised, however, is the entire property in
accordance with the exception provided for in Art.
929, the whole property shall pass in its entirety
to the legatee or devisee, applying again the rule
stated in Arts. 929 and 930.
However, if the thing is physically
indivisible or inconvenient of division, the rules
applicable shall depend upon whether the thing is
finally adjudicated to the testator or to the other
owner applying the provisions of Arts. 929 and
930, to wit:
When the thing is adjudicated to the other
owner, the rules applicable shall depend upon
whether or not the testator has expressly
declared that he bequeaths or devises the
property in its entirety. If he has not expressly
declared that he bequeaths or devises the
property in its entirety, the legacy or devise shall
be without effect, applying the provision of No. 2
of Art. 957, which declares that the alienation of
the thing bequeathed or devised shall result in
the legal revocation of the legacy or devise.
If he has expressly declared that he
bequeaths or devises the property in its entirety
and the property subsequently is adjudicated to
the other owner, the legacy or devise shall be
without effect only with respect to what had
formerly belonged to him, again applying the rule
stated in No. 2 of Art. 957. However, the legacy
or devise is still effective with respect to the part
belonging to the owner or third person to whom
the entire property was adjudicated, again
applying the provisions of Arts. 929 and 23.
What if the Legacy of things belongs to
strangers?
If the testator erroneously believed that
the thing belonged to him and not to another, the
legacy or devise is void.
However, if the testator knew that the
thing belonged to another, the legacy or devise is
valid because it is presumed that his intention is
that such thing which is bequeathed or devised
must be acquired either by the executor or
administrator of his estate or by the heir
expressly charged with such obligation for the
benefit of the legatee or devisee.
Where the testator, however, erroneously
believed at the time of the execution of the will
that the thing belonged to him, the legacy or
devise is void.
EXCEPT: When he subsequently acquires
the thing by whatever title. In such case, the
legacy or devise is valid.

NOTE:
The
all-important
factor
in
the
determination of the validity of a legacy or devise
of a thing belonging to another is the knowledge
of the testator that the thing bequeathed or
devised belonged to another at the time of the
execution of the will.
What are the instances where a testator
may be considered to have disposed of the
thing validly with knowledge that it belongs
to another?
1. Where he subsequently acquires the
thing from the owner by whatever title; and
2. Where he expressly orders in his will
that the thing shall be acquired in order that it be
given to the legatee or devisee.
What if the Legacy of things belongs to the
Legatee?
It is that if the thing bequeathed or
devised belonged to the legatee or devisee at the
moment of the execution of the will, the legacy or
devise is ineffective.
If subsequently, the thing is alienated to a
third person, the legacy or devise is still
ineffective.
The heir or heirs or the estate represented
by the executor or administrator in such case
shall not be bound to acquire the thing from the
third person after the death of the testator for the
benefit of the legatee or devisee.
EXCEPT: when the testator himself before
his death acquires the thing by whatever title, the
legacy or devisee would be valid applying the
provision of Art. 930.
What are the effects of acquisition by the
legatee?
(1) If the thing belonged to a third person
at the time of the execution of the will: In this
case, the testator may or may not have any
knowledge of the fact that the thing belonged to
a third person at the time when he executed his
will. If he erroneously believed that the thing
pertained to him, the legacy or devise is void. The
subsequent, acquisition of the thing by the
legatee or devisee favored cannot, therefore,
have any effect upon such legacy or devise.
However, if he had knowledge that the thing
belonged to a third person, the second paragraph
of Art. 933 is applicable.
(2) If the thing belonged to the testator at
the time of the execution of the will: In this case,
the thing may be alienated by the testator
subsequently either to a third person or to the
legatee or devisee favored. If the thing is
alienated in favor of a third person, clearly the
legacy or devise is revoked by express provision
of Art. 957. Hence, the subsequently acquisition
by the legatee or devisee cannot revive the

legacy or devise. If the thing is alienated in favor

of the legatee or devise. If the thing is alienated
in favor of the legatee or devisee himself, there is
no revocation. As a matter of fact, there is a clear
intention to comply with the legacy or devise if
the alienation is gratuitous. If such alienation is
onerous, the second paragraph of Art. 933
applies.23
(3) If the thing belonged to the beneficiary
at the time of the execution of the will: In this
case, the provision of the second paragraph of
Art. 933 cannot apply because this case is
precisely what is contemplated by the first
paragraph of the same article.
When does a Legacy of a credit take place?
The legacy of a credit takes place when
the testator bequeaths to the legatee a credit
which he has against a third person.
In this type of legacy, there is a novation
of the credit by subrogating the legatee in the
rights of the original creditor.
What are the different kinds of legacies of
remission or release of debts?
1.) Specific legacy for the remission of a
definite debt;
2.) Generic legacy for the remission of all
debts of the legatee existing at the time of the
execution of the will; and
3.) Legacy to the debtor of the thing
pledged by him.
When is there a revocation of legacy?
Whether the legacy is of a credit against a
third person or of a release or remission of a debt
of the legatee, such legacy shall be considered
revoked if the testator, after having made it, shall
bring an action against the debtor for the
payment of his debt, even if such payment should
not have been effected at the time of his death.
This must be construed to mean a judicial
action; hence, an extrajudicial demand shall not
be sufficient to revoke the legacy.
What is the rule on Legacy to creditors?
The GENERAL RULE is that a legacy or
devise made to a creditor shall not be applied to
his credit.
EXCEPTION to the above rule is when the
testator expressly declares that the legacy or
devise must be applied to the credit.
If the testator expressly declares that the
legacy or devise shall be applied to the credit, the
creditor shall have the right to collect the excess,
if any, of the credit or of the legacy or devise.
What are Alternative Legacies or Devises?

Those where the testator bequeaths or

devises two or more things but which can be
complied with by the delivery of only one of them
to the beneficiary.
A choice will have to be made upon the
death of the testator before it can be complied
with. The testator may designate any one of the
heirs, legatees or devisees, or even the
beneficiary himself, to make the choice. If no
particular person is designated, the right of
choice pertains to the executor or administrator
of the estate. If the heir, legatee, or devisee who
may have been designated to make the choice
dies before he is able to make it, the right shall
pass to his heirs. Once the choice is made, it
becomes irrevocable. The legacy or devise will no
longer be alternative, but simple.
What is a Generic Legacy?
A legacy consisting of personal property
designated merely by its class or genus without
any particular designation or physical segregation
from all others of the same class.
What is Generic Devise?
A devise consisting of real property
designated merely by its class or genus without
any particular designation or physical segregation
from all others of the same class.
However, a devise of indeterminate real
property shall be valid only if there be immovable
property of its kind in the estate of the testator.
What is the rule on Legacy for Education or
Support?
A legacy for education last until the
legatee is of age, or beyond the age of majority in
order that the legatee may finish some
professional, vocational or general course,
provided he pursues his course diligently.
NOTE: The amount of the legacy, whether for
education or for support, shall depend upon the
testator. If the amount is not fixed, it shall be
fixed in accordance with the circumstances and
social standing of the legatee and the value of
the estate. The only limitation is that the legacy
must not impair the legitime of compulsory heirs.
In case the testator did not fix the amount
of the legacy, if during his lifetime he had been in
the habit of giving the legatee by way of support
a certain sum of money. The law provides that in
such case, the same amount shall be deemed
bequeathed,
unless
it
be
markedly
disproportionate to the value of the estate.
When is the right to legacy or devise vests?