Dear PAO,

I am thinking of drafting a last will to bequeath all my assets to my three children and wife, excluding one of my children. I am very disappointed with this child because we had a physical altercation during an argument about managing our family business. Can I validly remove one of my children from becoming my heir?

Elias

Dear Elias,

To answer your question, we shall refer to Articles 904 and 919 of the New Civil Code of the Philippines which provide:

“Art. 904. The testator cannot deprive his compulsory heirs of their legitime, except in cases expressly specified by law. xxx

“Art. 919. The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as 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.”

Hence, as a general rule, your children, who are also your compulsory heirs, cannot be deprived of their legitime except in cases expressly provided by law. If your intention is to disinherit one of your children, then Article 919 of the New Civil Code shall apply.

However, to be valid, the disinheritance must be based on the grounds mentioned in the provision. Moreover, under Article 916 of the New Civil Code, disinheritance must be made through a will wherein the legal cause, as provided for in Article 919, is specified to be effective.

In your case, the incident between you and your child, depending on the surrounding circumstances, may fall under the ground of maltreatment, which is one of the grounds stated in Article 919 of the New Civil Code. To do this, you must include in your last will, or in a separate document that also complies with the form of a will, such disinheritance stating clearly your intention to disinherit one of your children and the reason or ground therefor.

We hope that we are able to answer your queries. This advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Thank you for your continued trust and support.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to [email protected].