Disinheritance is the process or act, through a testamentary disposition, depriving in a will any compulsory heir of his legitime for true and lawful causes.
It can be effected only through a will wherein the legal cause therefor shall be specified.
The ground for disinheritance must be specified in the will. These grounds are enumerated in Art. 919 of NCC (for children), Art. 920 (for ascendants), and Art. 921 (for spouse).
If a compulsory heir is disinherited, the disinheritance does not only cover his legitime but also the free portion, that is, he is completely excluded from the inheritance.
Question of the Day
Suppose the person is not the testator, spouse, descendant, or ascendant, but cousin, can there be, valid disinheritance?
Di naman pwede i-disinherit yung cousing di ba?
ReplyDeleteRyt.
ReplyDeletesusmaryosep! e di naman compulsory heir un! anong ididisinherit mo>? walang legitime!ay sus!
ReplyDeleteIt would seem to me that where there are no compulsory heirs and particular cousins are excluded from the inheritance in a will, this amounts to a testamentary disposition in favor of the other intestate heirs not excluded in the enumeration. Any justification of the exclusion would be a surplusage.
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