(Philippine legal context; general information, not legal advice.)

1) Disinheritance in Philippine succession: what it is (and what it is not)

Disinheritance is the act by which a testator (the person making a will) deprives a compulsory heir of the portion of the estate that the law reserves for them (the legitime). It is not the same as:

Omitting an heir accidentally (that can trigger preterition issues), or
Giving less than the legitime (that triggers reduction or completion of legitime), or
Simply stating “I don’t want to give anything” without meeting legal requirements (which often fails).

In the Philippines, disinheritance is tightly controlled because compulsory heirs are protected by law. As a rule: A compulsory heir can be disinherited only for causes expressly provided by law, and only in the manner the law requires.

2) The governing framework: Civil Code on succession

The principal rules are in the Civil Code provisions on wills and succession, particularly on:

Compulsory heirs and legitimes
Disinheritance (causes and formal requirements)
Effects of disinheritance
Reconciliation/pardon
Proof and contest

While people casually say “grounds under the Philippine Civil Code,” note that modern succession still largely follows the Civil Code’s structure, with later laws affecting family relations (Family Code) and procedural practice, but disinheritance as a concept and its strictness remain rooted in Civil Code succession rules.

3) Who can be disinherited: only compulsory heirs

You can “exclude” non-compulsory heirs (e.g., collateral relatives not entitled to legitime) simply by not naming them or by disposing of your free portion elsewhere. But disinheritance matters most for compulsory heirs, which typically include (depending on who survives the decedent):

Legitimate children and descendants
Legitimate parents and ascendants (when no legitimate children/descendants)
Surviving spouse
Illegitimate children (entitled to legitime, though in a different share structure)

Only compulsory heirs are protected by legitimes, so only they are the meaningful target of disinheritance rules.

4) Disinheritance must be done properly: strict requirements

A disinheritance is generally valid only if ALL of these are satisfied:

4.1 It must be made in a will

Disinheritance must be in a valid will (not in a letter, text message, or mere verbal declaration). If the will is void, the disinheritance falls with it.

4.2 The cause must be expressly stated

The will must state the legal cause for disinheritance. Vague reasons (“I dislike him,” “she is ungrateful”) are not enough unless the factual basis clearly matches a statutory cause.

4.3 The cause must be one recognized by law

The ground must be among the exclusive statutory causes. Courts do not create new grounds.

4.4 The cause must be true and provable

If the disinherited heir contests, the cause must be proved. If the cause is not established, the disinheritance fails and the heir is restored to legitime.

4.5 No reconciliation/pardon that cancels it

If the testator pardons the offense or reconciles in a way recognized by law, disinheritance may be rendered ineffective.

5) The “grounds” for disinheritance: how the law organizes them

Philippine law treats disinheritance grounds in two layers:

General incapacity/unworthiness concepts (e.g., acts that make someone unworthy to inherit) — related but distinct; and
Specific causes for disinheritance enumerated for particular relationships:
- Disinheritance of children/descendants
- Disinheritance of parents/ascendants
- Disinheritance of the spouse

These are relationship-specific lists. The key idea: the Civil Code enumerates what misconduct is sufficiently serious to justify cutting off a compulsory heir’s legitime.

6) Causes for disinheritance of children and descendants (by a parent)

The following are commonly recognized categories of statutory causes for disinheriting a child/descendant:

6.1 Serious misconduct against the testator or close family

Physical violence, attempts on the testator’s life, or severe maltreatment.
Serious insults or grave abuse against the testator (not mere quarrels; it must reach the statutory threshold).

6.2 Criminality directed at the testator or testator’s family

The heir accuses the testator of a crime or becomes responsible for serious wrongdoing involving the testator, in ways the law specifically treats as disinheriting causes.

6.3 Family-law violations (especially involving the testator’s spouse)

Acts that seriously violate family integrity or morality in ways the Civil Code explicitly lists (e.g., conduct involving the spouse that meets the statutory description).

6.4 Refusal of support

Unjustified refusal to support the testator when the heir is legally obliged and the testator is in need can qualify as a disinheriting cause (when it matches the statutory standard).

6.5 Leading a dishonorable or disgraceful life (as defined by law)

The Civil Code contains a cause often described in doctrine as living a “dishonorable” life. Courts treat this carefully; it generally requires conduct that is serious, habitual, and morally/socially grave, not just lifestyle differences.

6.6 Causing the testator to make/alter a will through improper means

If the heir uses fraud, violence, intimidation, or undue influence against the testator in relation to wills/succession, that can be a disinheriting cause.

(Practical note: In litigation, the most frequently invoked “child” grounds tend to involve violence/attempts, serious abuse/insults, and refusal of support; “dishonorable life” is often argued but can be evidentially challenging.)

7) Causes for disinheritance of parents and ascendants (by a child)

A child may disinherit a parent/ascendant for grounds that generally reflect serious breach of parental duties or grave misconduct, including categories such as:

7.1 Attempt on life / serious violence / grave maltreatment

If a parent commits severe wrongdoing against the child/testator (including attempts on life or serious violence), it may qualify.

7.2 Abandonment or failure in parental obligations

A parent’s abandonment, failure to fulfill basic parental duties, or conduct legally recognized as a profound breach can be a disinheriting cause.

7.3 Immorality or corruption-type misconduct affecting the child

Some statutory causes focus on the parent’s grave misconduct that corrupts or seriously harms the child, as defined by law.

7.4 Criminal accusations or serious affronts

Parent conduct that falls under specific enumerated “accusation/false charge/serious insult” type causes can qualify if it matches the Civil Code language and is proved.

8) Causes for disinheritance of the spouse

Spousal disinheritance grounds tend to align with severe marital misconduct and grave wrongdoing, including:

8.1 Grounds related to marital infidelity or grave marital fault

The Civil Code enumerates serious spousal misconduct (often discussed alongside family-law concepts), but in succession the question is not “can I separate?” — it is whether the conduct matches a statutory disinheritance cause.

8.2 Attempt on life, violence, or grave maltreatment

Acts of severe harm or attempted harm against the testator can qualify.

8.3 Unjustified refusal to support

A spouse who unjustifiably refuses support when legally obliged may fall under disinheritance grounds if statutory requirements are met.

8.4 Causing the making/alteration of a will through improper means

Fraud, coercion, undue influence, or comparable misconduct relating to wills can qualify.

8.5 Criminal accusations or serious insults

Again, the Civil Code contains enumerated “accusation/serious insult” type causes that can apply to spouses depending on the statutory relationship-specific list.

9) Important distinction: disinheritance vs. unworthiness (incapacity to inherit)

Philippine succession recognizes incapacity/unworthiness concepts (sometimes called “incapacity by reason of unworthiness”), which can also bar inheritance for acts such as:

Attempting against the life of the decedent,
Serious misconduct connected to the will (forgery, destruction, etc.),
Certain grave acts against the decedent.

Disinheritance is a will-based act by the testator; unworthiness can operate even without disinheritance if the statutory conditions exist. They can overlap factually, but procedurally and conceptually they differ.

10) Effects of a valid disinheritance

10.1 The disinherited compulsory heir loses the legitime

If disinheritance is valid, the heir is deprived of the legitime.

10.2 Substitution/representation: what happens to the disinherited heir’s descendants

A major rule in Philippine succession is that children/descendants of a disinherited child may still inherit by right of representation (particularly in the legitime line), meaning:

The law tries to avoid punishing innocent descendants for the disinherited heir’s misconduct.
The disinherited heir is “skipped,” but the line may continue, depending on the applicable rules.

10.3 The free portion is disposed by the will

Disinheritance affects legitime allocation; the will still controls the free portion within legal limits.

11) Pardon, reconciliation, and how disinheritance can be undone

Disinheritance can be rendered ineffective if:

The testator pardons the disinheriting offense, or
The testator reconciles with the heir in a way that indicates forgiveness and the legal conditions for revocation of disinheritance are met.

In practice, this becomes evidence-heavy: letters, messages, conduct, later wills, or explicit revocation clauses can matter. A later will inconsistent with disinheritance can also functionally revoke it.

12) Litigation dynamics: who proves what

When disinheritance is challenged:

The proponent of the will generally must show the will’s validity.
If the disinheritance is contested on truth of cause, the burden dynamics often revolve around whether the cause is sufficiently alleged and then proved as required.
Because disinheritance is an exception to the protection of legitime, courts typically require clear, convincing alignment with the statutory cause.

Vagueness is dangerous: if the will’s stated cause does not clearly match a statutory ground, or if facts don’t support it, disinheritance fails.

13) Drafting and procedural pitfalls (common reasons disinheritance fails)

13.1 Wrong ground or incomplete statement

The will must identify a legal cause, not just a personal grievance. If the reason doesn’t track statutory grounds, it may be struck.

13.2 No facts, only conclusions

A will that says “I disinherit X for being disrespectful” may be too bare if it doesn’t connect to a statutory cause (e.g., “serious insult” as legally understood).

13.3 The will itself is defective

If formalities for wills aren’t complied with, everything collapses.

13.4 Prior forgiveness or inconsistent later acts

Evidence of reconciliation can defeat disinheritance.

13.5 Confusing disinheritance with “no mention”

Forgetting to mention a compulsory heir can create preterition and disrupt the whole testamentary plan (potentially annulling institution of heirs in certain circumstances).

14) Relationship to legitimes: why disinheritance is “high stakes”

Because legitimes are mandatory shares, a testator who wants to “cut off” a compulsory heir has only narrow options:

Valid disinheritance under statutory causes and formalities, or
Rely on unworthiness/incapacity if applicable, or
Structure the estate plan within legitime limits (e.g., allocate minimum legitime and distribute free portion elsewhere), which still does not fully cut off the compulsory heir.

15) Practical mapping of statutory grounds (conceptual summary)

While the Civil Code provides enumerated lists per relationship, most grounds fall into these practical buckets:

Attempt on life / serious violence / grave maltreatment
Serious insult or grave abuse (beyond ordinary family conflict)
False accusation or serious crime-related wrongdoing involving the testator
Refusal to give legally required support
Fraud/undue influence/violence relating to making or changing a will
Grave family-law misconduct (especially for spouse/parent contexts)
Other enumerated moral or duty-based grounds (e.g., dishonorable life / corruption-type misconduct), applied strictly

16) Bottom line in Philippine succession

Disinheritance in the Philippines is not discretionary in the way people often imagine. It is a formal, statutory mechanism that:

Applies only to compulsory heirs,
Requires a valid will,
Requires an express, legal cause,
Requires the cause to be true and provable, and
Can be defeated by forgiveness, reconciliation, or legal insufficiency.

Because failure can invalidate the disinheritance and restore the heir’s legitime (and potentially disrupt other testamentary dispositions), disputes over disinheritance are among the most technical and evidence-driven areas of Philippine succession law.