Can a Parent Disinherit a Child in the Philippines?

Legitimes, Grounds, and Heirs’ Remedies

Short answer: Yes, but only for very specific legal causes, using the correct form (a will), and with consequences that the law strictly controls. If any legal requirement is missed—or the cause isn’t proven—the disinheritance fails and the child’s legitime must be restored.

1) Key building blocks of Philippine succession

What is a legitime?

The legitime is the portion of a decedent’s estate reserved by law for compulsory heirs. It cannot be taken away by gifts or by will, except in the narrow case of valid disinheritance.

Who are compulsory heirs?

Depending on who survives the decedent, compulsory heirs include:

Legitimate children and their descendants
Legitimate parents and ascendants (only if there are no legitimate descendants)
Surviving spouse
Illegitimate children (recognized/established filiation)
Adopted children (treated as legitimate)

Collateral relatives (e.g., brothers/sisters) are not compulsory heirs.

How the estate is sliced (very condensed guide)

These are the typical legitime baselines you’ll see in computations (the rest is the free portion, which a testator may distribute by will):

With legitimate children:
- Legitimate children, collectively: ½ of the estate (split equally among them)
- Surviving spouse: a share equal to one legitimate child’s legitime (this is accommodated first from the free portion; if the free portion is insufficient, adjustments kick in).
- Illegitimate children: each has a legitime equal to one-half of a legitimate child’s legitime (generally satisfied from the free portion, subject to reductions if needed).
With no legitimate children but with legitimate parents/ascendants:
- Ascendants, collectively: ½ of the estate
- Surviving spouse: typically ¼ of the estate (with adjustments depending on who else survives)
Surviving spouse alone (no descendants/ascendants/illegitimate children):
- Spouse’s legitime: ½ of the estate

Exact computations can get technical when several classes coexist (e.g., legitimate children and illegitimate children and spouse). But the non-negotiable principle is that legitimes must be preserved unless a valid disinheritance applies.

2) Disinheritance 101

What disinheritance is—and is not

Disinheritance is an intentional deprivation of a compulsory heir’s legitime for a legal cause, expressly declared in a will.
It is not the same as:
- Preterition: simple omission of a compulsory heir in the direct line in a will. Preterition generally annuls the institution of heirs but preserves devises/legacies as the law allows.
- Unworthiness: a separate doctrine that disqualifies an heir by law due to certain acts (some overlap in causes with disinheritance), even without a will.

Where and how it must be done

To be valid, disinheritance must:

Be in a will (not in a side letter, deed, or casual statement).
State the specific legal cause—not just “for bad behavior.”
Identify the person disinherited clearly.
Be true: the stated cause must be real and proven; if it’s false or not legally recognized, the disinheritance is void.
Not contradict reconciliation or forgiveness: later reconciliation/condonation between the parent and the child nullifies the disinheritance.

Effects if valid

The disinherited compulsory heir loses the legitime and any testamentary dispositions.
Representation applies: the disinherited person’s children/descendants step into his/her place and take the legitime by right of representation (except the surviving spouse, who has no descendants to represent him/her in that sense).
Inter vivos gifts (donations) benefiting the disinherited heir may still be subject to reduction if they impair other compulsory heirs’ legitimes.

3) Legal causes for disinheriting a child (or descendant)

The law numerates and limits the grounds. They must be interpreted strictly. Here are the classic categories (wording condensed into plain English):

Serious crimes or attempts against the parent
- E.g., attempt on the parent’s life, serious physical injuries, or violence against the parent.
- False criminal accusation against the parent for a grave offense.
Offenses against the parent’s honor
- E.g., acts constituting sexual violence or grave offense against chastity against the parent or the parent’s spouse.
Serious breach of family duties
- Refusal to support the parent when legally obliged.
- Maltreatment or grievous insult to the parent.
- Causing parental indignity through conduct that the law specifically brands as a cause (habitual moral depravity used to be a classic formulation in older codes; what counts is the specific statutory list, not mere rudeness or lifestyle disagreements).
Other code-listed causes analogous to the above that the Civil Code expressly recognizes for children/descendants.

Important: “I don’t like my child’s spouse,” “my child is wasteful,” or “we don’t get along” are not legal grounds. The cause must match the enumerated list; otherwise, disinheritance fails.

4) Legal causes for disinheriting other compulsory heirs (for contrast)

Parents/Ascendants may be disinherited for causes like: attempts against the child’s life, serious offenses against the child or child’s spouse, refusal to support the child, or maltreatment.
The Surviving Spouse may be disinherited for causes such as: attempts on the life of the testator, adultery/concubinage (subject to legal standards of proof), abandonment, refusal to support, or maltreatment.

Each class (children, parents, spouse) has its own closed list of causes. You must tie the facts to the right list for the right person.

5) Common pitfalls that invalidate disinheritance

Wrong vehicle: not done in a will (even a notarial “disinheritance deed” won’t do).
Vague cause: “bad character,” “family shame,” or “I was disrespected” without meeting a specific statutory ground.
Cause not proven: allegation is untrue or unsupported.
Reconciliation after the cause: forgiveness wipes out the disinheritance.
Procedural missteps in the will: defects in execution, capacity, or witnesses lead to failed probate, which collapses the disinheritance contained in it.

6) Heirs’ remedies and litigation roadmap

If you are the disinherited child

Contest the will at probate (or via a separate action, as strategy dictates) by asserting:
- No valid cause under the statute (mismatch with the list).
- Cause not true or not sufficiently proven.
- Reconciliation/condonation occurred.
- Vices of consent, lack of testamentary capacity, or formal defects in the will.
Seek restoration of your legitime: If the disinheritance is struck down, ask the court to recompute the succession and reduce inofficious dispositions (gifts or legacies that impaired legitimes).
Right of representation of your children: Even if disinheritance sticks, your children/descendants may inherit in your stead.

If you are a co-heir defending the disinheritance

Burden of proof: Be prepared to prove the factual cause stated in the will with admissible evidence (convictions, medical records, documentary proof, credible testimony).
Match the cause to the correct statutory ground for that class of heir.
Watch for reconciliation: evidence of forgiveness (express or implied) defeats the disinheritance.

Timeframes & venues (practical)

Probate court (Regional Trial Court) has exclusive jurisdiction to allow the will.
Challenges to the truth of the cause may be joined in probate or litigated alongside partition/reduction, depending on case posture.
Prescription periods can apply to actions for reduction of inofficious donations and partition—don’t sleep on your rights.

7) Worked examples (for intuition, not legal advice)

Scenario A: Parent with 3 legitimate children + spouse; disinherits Child C for a non-legal reason

Result: Disinheritance fails.
Estate:
- Legitimate children’s collective legitime = ½ → each child gets 1/6 as legitime.
- Spouse gets a legitime equal to one child’s legitime (accommodated from free portion first; if short, adjustments happen).
- The free portion is then distributed per the will, but cannot undermine these legitimes.

Scenario B: Same family; Child C validly disinherited for a code-listed cause; Child C has two kids

Result: Disinheritance stands; C’s two children represent C and split what would have been C’s legitime (by representation).
If the will also left legacies to C, those fail for C but do not affect C’s children’s representative legitime.

Scenario C: Will disinherits Child C for a listed cause; after the incident, parent forgives C and they reconcile

Result: Reconciliation annuls the disinheritance. C’s legitime must be restored at settlement.

8) How disinheritance interacts with donations & lifetime transfers

Collation: Certain lifetime gifts to compulsory heirs are brought into the computational mass to ensure a correct baseline for legitimes.
Reduction of inofficious donations: If inter vivos gifts (or testamentary provisions) impair legitimes, compulsory heirs can sue to reduce them to the legally allowable level.
Disinheriting one heir doesn’t let the testator over-gift others beyond the free portion if legitimes of remaining compulsory heirs would be impaired.

9) Unworthiness vs. disinheritance (spot the difference)

Feature	Disinheritance	Unworthiness
Source	Will expressly stating a legal cause	Law disqualifies for specified acts, even without a will
Trigger	Parent’s intentional act	Operates by force of law upon proof of cause
Cure	Reconciliation/condonation in many cases	Pardon can also revive capacity, depending on the ground
Effect	Loss of legitime; descendants represent the disinherited	Loss of capacity; representation rules may also apply

10) Practical drafting & litigation tips

For parents considering disinheritance

Get counsel early. Confirm the alleged facts fit a statutory ground.
Document the cause (e.g., judgment of conviction, police records, medical certificates, sworn accounts from disinterested witnesses).
Use a properly executed will (acknowledge formalities, witnesses, capacity).
State the cause with specificity (who, what, when, where).
Avoid casual “disinheritance letters” or side agreements—they have no effect.

For children facing disinheritance

Collect exculpatory proof: absence of conviction, medical and police records that contradict the alleged acts, communications evidencing forgiveness.
Scrutinize the will: formal defects, capacity, undue influence.
Assert representation for your children if applicable.
Timely file for probate opposition, reduction, or partition as strategy dictates.

11) Quick FAQ

Can a parent disinherit a child “just because”? No. Only for specific legal causes listed by law, stated in a will, and proven.

If disinherited, do my children get nothing? Your children may represent you and take your legitime share (if you’re the disinherited one), provided the disinheritance targets you, not them.

Can a parent disinherit an illegitimate child? Yes, but only for the same kind of code-listed legal causes applicable to that class of heir. The statutory list governs.

What if we reconciled after the will? Reconciliation/forgiveness generally nullifies the disinheritance.

What happens to gifts I already received? They can be subject to reduction if they impair other compulsory heirs’ legitimes—disinheritance doesn’t rewrite those reduction rules.

12) Bottom line

In Philippine law, disinheritance is an exception to the rule that legitimes are untouchable. To succeed, it must be by will, for a legally enumerated cause, clearly stated, and proved—and it remains revocable by reconciliation. Whether you’re planning your estate or defending your lawful share, the decisive step is to tie facts to the statute and compute legitimes correctly before you act.

This article is an educational overview of Philippine succession rules on disinheritance. For a concrete situation, get tailored advice from counsel, as outcomes turn on precise facts and documents.