Dear IBP,
Can I disinherit my very own son who is a persistent gambler, alcoholic and a spendthrift who spends money irresponsibly and extravagantly?
Frustrated mom.
Dear Frustrated mom,
Yes, you can disinherit your own son. That is called DISINHERITANCE starting under Article 915 of the Civil Code.
Sadly, it has come to a point that you will have to use this legal tool either to punish your son or to safeguard your estate from undeserving and unworthy heirs.
Disinheritance is a legal means to deprive your son of his legitime. Take note that the law expressly states that only compulsory heir may be disinherited or deprived of their legitime. A legitime is that part of a decedent’s estate which has been reserved by law to be given to compulsory heirs.
Since the law reserves the legitime of a compulsory heir, the general rule is that you cannot dispose of this portion of your estate. Disinheritance is the exception to this general rule. However, before you may disinherit your son, a compulsory heir, there are rules to be followed before the disinheritance shall be considered valid:
[1] Disinheritance should be done through a will, either notarial will or holographic will. You cannot just disinherit anyone through any other means.
[2] The legal cause must be specified in the will, and it must be one those provided under Article 919 of the Civil Code, to wit:
a. 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,
b. 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; or
c. when a child or descendant has been convicted of adultery or concubinage with the spouse of the testator; or
d. 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.
e. or a refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant; or
f. maltreatment of the testator by word or deed, by the child; or
g. when a child or descendant leads a dishonorable or disgraceful life; and
h. conviction of a crime which carries with it the penalty of civil interdiction.
[3] The disinheritance must NOT be conditional. You cannot attach any conditions so that the disinheritance become effective like “I will disinherit you if you marry John’s daughter”. Disinheritance should never be subject to any condition.
[4] the disinheritance must be total. You cannot partially disinherit an heir by stating in his will that he is disinherited in one property while he is allowed to inherit in another one. Meaning, when you disinherit your son, the same must be a total disinheritance. The effect of disinheritance is the forfeiture not only of the legitime, but also the entire inheritance. This includes what the heir may receive through intestate succession and in the will of the decedent.
So, looking at your problem, your situation falls under “when child or descendant leads a dishonorable or disgraceful life”. You could disinherit him under this legal cause. It may be an extreme punishment but at least, you are able to safeguard your estate from an incorrigibly wicked heir, while rewarding those who are deserving and worthy
