Dear PAO,

My grandfather, the testator, had two sons: my father and my uncle. On 12 June 2024, my grandfather was involved in a vehicular accident that led to his death. During a drinking session between my father and uncle, my father verbally told my uncle that he was repudiating his share in our grandfather’s estate. Subsequently, my father passed away on October 23, 2024 due to cardiac arrest. I am now claiming my father’s share in my grandfather’s estate, but my uncle is opposing it, stating that my father had already repudiated his share. Can I still claim my father’s inheritance even after his verbal repudiation? Thank you for your response.

Edward

Dear Edward,

Repudiation of inheritance is a legal act where an heir renounces his or her right to inherit from a decedent. It is the opposite of the acceptance of inheritance. Different people have different reasons for repudiating their inheritance. Some had personal reasons like strained relationship with the decedent and preference not to be associated with the latter’s estate.

The act of repudiating an inheritance cannot be done lightly. It must be expressed in a clear and unequivocal manner. The effects of repudiation of inheritance shall always retroact to the moment of the death of the decedent.

The requisites for the repudiation of inheritance are found in Article 1043 of the New Civil Code, which are: (1) certainty of death of the decedent, and (2) certainty of the right to inheritance. It provides that:

Article 1043. No person may accept or repudiate an inheritance unless he is certain of the death of the person from whom he is to inherit, and of his right to the inheritance.”

On the other hand, the different forms of repudiation are enumerated in Article 1051 of the New Civil Code as follows: (1) In a public instrument acknowledged before a notary public; or (2) In an authentic document – equivalent of an indubitable writing or a writing whose authenticity is admitted or proved; or (3) By petition presented to the court having jurisdiction over the testamentary or intestate proceeding.

In addition, the acceptance or repudiation of an inheritance, once made, is irrevocable and cannot be impugned. However, there are exceptions enumerated in Article 1056 of the New Civil Code:

“Article 1056. The acceptance or repudiation of an inheritance, once made, is irrevocable, and cannot be impugned, except when it was made through any of the causes that vitiate consent, or when an unknown will appears.”

With regard to your situation, you may validly claim your father’s inheritance. The repudiation he made was invalid as it was not done according to the formalities prescribed by the New Civil Code. For repudiation to be valid, it must be written in a public or authentic instrument, or by petition presented to the court having jurisdiction over the testate or intestate proceeding (Article 1051, New Civil Code).

As your father made the repudiation of inheritance verbally; it cannot be considered as a valid repudiation. In cases where an heir dies prior to accepting or repudiating properly his inheritance, his right shall be transmitted to his heirs (Art. 1053, New Civil Code). Therefore, the share of your father in the estate of your grandfather shall be transmitted to his heirs, including you as his child.

We hope that we were able to answer your queries. This advice was 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.

We appreciate your 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]