Estate Law, Wills & Inheritance

Who are compulsory heirs under Philippine law?1

by lawyerphilippinesadmin | Feb 8, 2019 | Estate Law, Wills &
Inheritance

Philippine law dictates who inherits in all situations.

The people who inherit are called “heirs” or “tagapagmana” in Filipino.
These heirs and the amount they inherit the amount are determined by law when there
is no will and even when there is a will.
A will can only dictate the heir of so-called “free portion”. A free portion is the amount of
the state left over after the compulsory heirs have been given their share as per
Philippine law.
As such, there is understandable interest in who the compulsory heirs are.
Below, I’ve listed the heirs for most situations and included sample calculations. Note
that this is only a guide – compulsory heirs can be quite involved.

Read this first

This important information will help you correctly determine who the
heirs are and what can happen in your particular situation.
1. Wills must still follow the laws on compulsory heirs. The so called “free-portion” is
the only part of the estate that the owner can give to whomever they wish.
2. Wills cannot remove an heir from the estate unless there is a court proceeding
called disinheritance that has been undertaken.
3. When a child has passed away before a parent or grandparent, his children are
entitled to inherit through the right of representation. However, the share the
children inherit is the share of their parent and not more than that.
4. If the parent has passed away, nephews and nieces may inherit from their uncle
or aunt who have no children or will through the right of representation. However,
the share the children inherit is the share of their parent and not more than that.
5. Legitimate, illegitimate and adopted children inherit in all situations. Ampons do
not inherit unless formally adopted or unless they are specified in the will.
6. Remember that this is only a guide. Compulsory heirs can get complicated and it
is always best to talk to a lawyer to be sure.

1
https://lawyerphilippines.org/2019/02/08/compulsory-heirs-under-philippine-law/
 When the deceased has children
No 1 – 1 Legitimate child or Legitimate children
With a will:
 Legitimate children (or their children) – 1/2 of the estate divided amongst them
 Free portion – 1/2 of the estate
 Example: If the estate is worth P1M, then the legitimate child must inherit
P500,000. If there are 4 legitimate children, then each inherits P125,000. The remaining
P500,000 can be left to whomever the estate owner wants as stated in the will.

Without a will:
 Legitimate children (or his children) – all of the estate divided amongst them
 Example: If the estate is worth P1M, then the legitimate child inherits the total
estate. If there are 4 legitimate children, then each inherits P250,000.

No 2 – 1 Legitimate child & 1 Illegitimate child

With a will:
 Legitimate child (or his children) – 1/2 of the estate
 Illegitimate child (or his children) – 1/4 of the estate
 Free portion – 1/4 of the estate
 Example: If the estate is worth P1M, then the legitimate child must inherit
P500,000 and the illegitimate child must inherit P250,000. The remaining P250,000 can
be left to whomever the estate owner wants as stated in the will.

Without a will:
 Legitimate child (or his children) – 2/3 of the estate
 Illegitimate child (or his children) – 1/3 of the estate
 Example: If the estate is worth P1M, then the legitimate child must inherit
P666,666 and the illegitimate child must inherit P333,333.

No 3 – 1 Legitimate child & Illegitimate children

With a will:
 Legitimate child (or his children) – 1/2 of the estate
 Illegitimate children (or his children) – 1/2 of the share of a legitimate child taken
from the free portion. If the free portion is not enough, then the illegitimate children’s
shares are reduced equally.
 Free portion – None
 Example: If the estate is worth P1M, then the legitimate child must inherit
P500,000. If there are 2 illegitimate children, then each would have P250,000. If there
are 3 illegitimate children, then each illegitimate child would receive P166,666 or
P500,000 divided by 3. If there are 4, then each illegitimate child would receive
P125,000 or P500,000 divided by 4.

Without a will:
 Legitimate child – 1/2 the estate
 Illegitimate children (or their children) – 1/2 of the share of a legitimate child
 Example: If there is 1 legitimate child and 3 illegitimate children and the estate is
1M, the estate would be divided so that the legitimate child has 1/2 of the estate.
Although the illegitimate children should have 1/2 of the share of the legitimate child,
this is not possible since it would exceed the amount of the estate. The legitimate child’s
share would be protected and the illegitimate children’s share would be reduced equally
so that each illegitimate child receives P166,666.

No 4 – Legitimate children & 1 Illegitimate child

With a will:
 Legitimate children (or their children) – 1/2 of the estate divided among them
 Illegitimate child (or his children) – 1/2 of the share of a legitimate child
 Free portion – Remainder
 Example: If there are 4 legitimate children and 1 illegitimate child, the legitimate
children would each receive P125,000 which is half of the P1M estate or P500,000. The
illegitimate child would receive half of the share of a legitimate child or P62,500. The
remainder is P437,500 (1,000,000 less P500,000 and less P62,500) and can be given
to whomever the estate owner wishes as stated in the will.

Without a will:
 Legitimate child – Twice that of the illegitimate child, with the amount depending
on how many illegitimate children there are.
 Illegitimate children (or his children) – 1/2 of the share of a legitimate child
 Example: If there are 4 legitimate children and 1 illegitimate child, then each
legitimate child will have P222,222 and the illegitimate child will inherit P111,111.

No 5 – Legitimate children & Illegitimate children

With a will:
 Legitimate children (or their children) – 1/2 of the estate divide among them
 Illegitimate children (or their children) – 1/2 of the share of a legitimate child
taken from the free portion. If the free portion is not enough, then the illegitimate
children’s shares are reduced equally.
 Free portion – Remainder
 Example: If there are 4 legitimate children and 2 illegitimate children and the
estate is 1M, then each legitimate child receives P125,000 or half of the estate divided
among them. The 2 illegitimate children will receive P62,500 each. The remainder of
P375,000 is the free portion and is given as stated in the will.

Without a will:
 Legitimate child – Twice that of the illegitimate child, with the amount depending
on how many illegitimate children there are.
 Illegitimate children (or his children) – 1/2 of the share of a legitimate child
 Example: If there are 4 legitimate children and 2 illegitimate children and the
estate is 1M, then each legitimate child receives P200,000. The 2 illegitimate children
will receive P100,000 each.

No 6 – Illegitimate children
With a will:
 Illegitimate children (or their children) – 1/2 of the estate divided amongst them
 Free portion – 1/2 of the estate
 Example: If there are 4 illegitimate children and estate is 1M, then each
illegitimate child receives P125,000. The remaining P500,000 is given to whomever the
estate owner wishes as stated in the will.

Without a will:
 Illegitimate children (or his children) – all of the estate divided amongst them
 Example: If there are 4 illegitimate children and estate is 1M, then each illegitimate child
receives P250,000.

When the Deceased has Children & a Surviving

Legal Spouse
No 7 – Surviving legal spouse & 1 legitimate child (or
his children):
With a will:
 One legitimate child (or his children) – 1/2 of the estate
 Surviving legal spouse – 1/4 of the estate
 Free portion – 1/4 of the estate
 Example: If the estate is 1M, then the legitimate child receives P500,000 and the
surviving legal spouse receives P250,000. The rest is given to whomever the estate
owner wishes as stated in the will.

Without a will:
 One legitimate child (or his children) – 1/2 of the estate
 Surviving legal spouse – 1/2 of the estate
 Example: If the estate is 1M, then the legitimate child receives P500,000 and the
surviving legal spouse receives P500,000.

No 8 – Surviving legal spouse & 2 or more legitimate

children (or their children):
With a will:
 Legitimate children (or their children) – 1/2 of the estate divided among them
 Surviving legal spouse – same share as legitimate children and taken from the
free portion.
 Free portion – remainder of the estate
 Example: If the estate is 1M and there are 2 legitimate children, each legitimate
child receives P250,000. If one of the legitimate children has already died, then that
child’s children (the grandchildren of the deceased) may inherit the P250,000 in his
place through the right of representation. The surviving legal spouse receives P250,000
 and the P250,000 remainder is given to whomever the estate owner wants as stated in
the will.

Without a will:
 Legitimate children (or their children) – estate divided by the number of the
legitimate children plus the spouse
 Surviving legal spouse – share equal to that of a legitimate child
 Example: If the estate is 1M and there are 2 legitimate children, each legitimate
child (or his children if already deceased) receives P333,333 and the surviving legal
spouse receives P333,333.

No 9 – Surviving legal spouse & 1 legitimate child (or

his children) & 1 illegitimate child:
With a will:
 Legitimate child (or his children) – 1/2 of the estate
 Illegitimate child – 1/2 of the share of a legitimate child taken from the free
portion
 Surviving legal spouse – 1/4 of the estate from the free portion
 Free portion – none
 Example: If the estate is 1M, the legitimate child receives P500,000, the
illegitimate child receives P250,000 and the surviving legal spouse receives P250,000.

Without a will:
 Legitimate child (or his children) – 1/2 of the estate
 Illegitimate child – 1/2 of the share of a legitimate child taken from the free
portion
 Surviving legal spouse – 1/4 of the estate from the free portion
 Example: If the estate is 1M, the legitimate child receives P500,000, the
illegitimate child receives P250,000 and the surviving legal spouse receives P250,000.

No 10 – Surviving legal spouse & 1 legitimate child (or

his children) & 2 or more illegitimate children
With a will:
 Legitimate child (or his children) – 1/2 of the estate
 Illegitimate children – 1/2 of the share of a legitimate child taken from the free
portion
 Surviving legal spouse – 1/4 of the estate from the free portion
 Free portion – none
 Example: If there is a surviving legal spouse, 1 legitimate child and 2 illegitimate
children and estate is 1M, the legitimate child receives P500,000, the illegitimate
children receive P125,000 each and the surviving legal spouse receives P250,000. The
illegitimate children’s share would be reduced if there are more than 2.

Without a will:
 Legitimate child (or his children) – 1/2 of the estate
 Illegitimate children – 1/2 of the share of a legitimate child taken from the free
portion
 Surviving legal spouse – 1/4 of the estate from the free portion
 Free portion – none
 Example: If there is a surviving legal spouse, 1 legitimate child and 2 illegitimate
children and estate is 1M, the legitimate child receives P500,000, the illegitimate
children receive P125,000 each and the surviving legal spouse receives P250,000.

No 11 – Surviving legal spouse & 2 or more legitimate

children & 2 or more illegitimate children
With a will:
 Legitimate child (or his children) – 1/2 of the estate divided equally among them
 Illegitimate child – 1/2 of the share of a legitimate child taken from the free
portion If the free portion is not enough, then the illegitimate children’s shares are
reduced equally.
 Surviving legal spouse – share equal to one legitimate child from the free portion
 Free portion – remainder
 Example: If there are 2 legitimate children and 4 illegitimate children and estate is
1M, the legitimate children receive P250,000 each, the illegitimate children receive
P62,500 and the surviving legal spouse receives P250,000.

Without a will:
 Legitimate child (or his children) – 1/2 of the estate
 Illegitimate children – 1/2 of the share of a legitimate child
 Surviving legal spouse – Share equal to that of a legitimate child but reduced to
the minimum of 1/4 legitime if the estate is not sufficient. [Art 999, Tolentino]
 Example: If there are 2 legitimate children, a legal spouse and 4 illegitimate
children and estate is 1M, the legitimate children receive P250,000 each, the illegitimate
children receive P62,500 and the surviving legal spouse receives P250,000.

No 12 – Surviving legal spouse & illegitimate children

With a will:
 Illegitimate child/ren – 1/3 of the estate
 Surviving legal spouse – 1/3 of the estate
 Free portion – 1/3 of the estate
 Example: If the estate is 1M and there is one illegitimate child, the illegitimate
child receives P333,333 and the surviving legal spouse receives P333,333. The
remainder can be given to whomever the estate owner wishes as per his will.

Without a will:
 Illegitimate child/ren – 1/2 of the estate divided among them
 Surviving legal spouse – 1/2 of the estate
 Example: If the estate is 1M and there is one illegitimate child, the illegitimate
child receives P500,000 and the surviving legal spouse receives P500,000. If there are
2 or more illegitimate children, the P500,000 is divided among them.

No 13 – Surviving Legal Spouse, Legitimate

Ascendants (Grandparents/Parents) and Illegitimate
Children
With a will:
 Legitimate Ascendants of the deceased – 1/2 of the estate
 Surviving legal spouse – 1/8 of the estate taken from the free portion
 Illegitimate Children – 1/4 of the estate
 Free portion – 1/8 of the estate
 Example: If the estate is 1M, the legitimate ascendants receive P500,000. The
parent/s inherit if they are still alive. Otherwise, the grandparents inherit with the
 paternal side receiving P250,000 and the maternal side receiving P250,000. The
illegitimate children receive P250,000 and the surviving legal spouse receives
P125,000. The rest can be given to whomever the estate owner wishes as stated in the
will.

Without a will:
 Legitimate Ascendants of the deceased – 1/2 of the estate with nearest
ascendants inheriting. If parent/s are alive, this share goes to them. If grandparents are
alive, the share is split between the paternal and maternal sides.
 Surviving legal spouse – 1/4 of the estate
 Illegitimate Children – 1/4 of the estate
 Example: If the estate is 1M, the legitimate ascendants receive P500,000. The
parent/s inherit if they are still alive. Otherwise, the grandparents inherit with the
paternal side receiving P250,000 and the maternal side receiving P250,000. The
illegitimate children receive P250,000 and the surviving legal spouse receives
P250,000.

No 14 – Legitimate Ascendants
(Grandparents/Parents) and 1 or more Illegitimate
Children
With a will:
 Legitimate Ascendants of the deceased – 1/2 of the estate
 Illegitimate children – 1/4 of the estate taken from the free portion divided among
them
 Free portion – 1/4 of the estate
 Example: If the estate is 1M, the legitimate ascendants receive P500,000. The
parent/s inherit if they are still alive. Otherwise, the grandparents inherit with the
paternal side receiving P250,000 and the maternal side receiving P250,000. The
illegitimate children receive P250,000 divided equally among them and the rest can be
given to whomever the estate owner wishes as stated in the will.

Without a will:
 Legitimate Ascendants of the deceased – 1/2 of the estate with nearest
ascendants inheriting. If parent/s are alive, this share goes to them. If grandparents are
alive, the share is split between the paternal and maternal sides.
 Illegitimate child – 1/2 of the estate
 Example: If the estate is 1M, the legitimate ascendants receive P500,000. The
parent/s inherit if they are still alive. Otherwise, the grandparents inherit with the
paternal side receiving P250,000 and the maternal side receiving P250,000. The
illegitimate children receive P500,000 divided equally among them.

When the Deceased has No Children

No 15 – Surviving Legal Spouse and Siblings of the
Deceased (or their children)
With a will:
 Siblings of the deceased – none
 Surviving legal spouse – 1/2 of the estate
 Free portion – 1/2 of the estate
 Example: If the estate is 1M, the surviving legal spouse receives P500,000 and
the rest can be given to whomever the estate owner wishes as stated in the will.

Without a will:
 Siblings of the deceased (or their children) – 1/2 of the estate divided among
them
 Surviving legal spouse – 1/2 of the estate
 Example: If the estate is 1M, the surviving legal spouse receives P500,000 and
the siblings (or their children) are given the remaining P500,000 to be shared among
them.

No 16 – Surviving Legal Spouse and Legitimate

Ascendants (Grandparents/Parents)
With a will:
 Legitimate Ascendants of the deceased – 1/2 of the estate
 Surviving legal spouse – 1/4 of the estate taken from the free portion
 Free portion – 1/4 of the estate
 Example: If the estate is 1M, the legitimate ascendants receive P500,000. The
parent/s inherit if they are still alive. Otherwise, the grandparents inherit with the
paternal side receiving P250,000 (half of P500,000) and the maternal side receiving half
of the P250,000 (the other half of P500,000). The surviving legal spouse receives
P250,000 and the rest can be given to whomever the estate owner wishes as stated in
the will.

Without a will:
 Legitimate Ascendants of the deceased – 1/2 of the estate with nearest
ascendants inheriting. If parent/s are alive, this share goes to them. If grandparents are
alive, the share is split between the paternal and maternal sides.
 Surviving legal spouse – 1/2 of the estate
 Example: If the estate is 1M, the legitimate ascendants receive P500,000. The
parent/s inherit if they are still alive. Otherwise, the grandparents inherit with the
paternal side receiving half of the P500,000 and the maternal side receiving half of the
P500,000. The surviving legal spouse receives P500,000.

No 17 – Legitimate Spouse and Illegitimate Parents

With a will:
 Illegitimate Parents of the deceased – 1/4 of the estate
 Surviving legal spouse – 1/4 of the estate
 Free portion – 1/2 of the estate
 Example: If the estate is 1M, the illegitimate parents receive P250,000 and the
surviving legal spouse receives P250,000. The rest of the estate can be given to
whomever the estate owner wishes as stated in the will.

Without a will:
 Illegitimate Parents – 1/2 of the estate
 Surviving legal spouse – 1/2 of the estate
 Example: If the estate is 1M, the illegitimate parents receive P500,000 and the
surviving legal spouse receives P500,000.
 Excluded heirs and disinherited children
by Atty. Francesco Britanico | Apr 17, 2017 | Estate Law, Wills &
Inheritance

A father died and left behind property. In his last will and testament, he allotted all his
property to his daughters. The father also left behind a son, but the son was not left
anything in the will. He was not even mentioned in the will.
Can the son question the will and have a rightful share of the property his father left
behind?
Yes. The will should be opposed. This is a case of preterition which is not allowed by
law.

What is preterition?
Passed over in the will
The word “preterition” is derived from two Latin terms: praeter –
beyond or by; and ire – to go or to pass. Praeterire therefore means to
go by, to pass by, or to bypass. It connotes an ignoring, an omitting. [1]

You shouldn’t be excluded from a will if you are a compulsory heir.

Preterition is the total omission of a compulsory heir from the
inheritance. It consists in the silence of the testator with regard to a
compulsory heir, omitting him in the testament, either by not
mentioning him at all, or by not giving him anything in the hereditary
property, but without expressly disinheriting him even if he is
mentioned in the will.[2]

Preterition always involves a situation where there is a last will and

testament. The preterition of a direct compulsory heir in a will goes
against the laws of inheritance. [3]

Wills have limits fixed by law

When a person dies, the properties he leaves behind will be
distributed to his heirs. If he made no last will and testament, then the
division of property will be done according to the default law of legal
inheritance. If he did make a last will and testament, then the
properties will be divided according to what he wrote in his will as long
as the will does not violate the limits set by law.

Wills have to follow legal limits.

A will must follow the law. This is because the right to make a will is
granted by law, and it must be subordinate to law and public policy.
 Although the will of the testator should be recognized, if his act or
[4]

intention is contrary to law, morals, or public policy it cannot be given

effect.
Legitime
One of restrictions that Philippine law imposes on wills is that they
cannot reduce or take away from the legitime. The legitime is that part
of the testator’s property which he cannot dispose of because the law
has reserved it for certain heirs. These heirs are called compulsory
heirs.  Compulsory heirs are entitled to inherit shares allotted by law.
[5]

These shares are called their legitime.

 Who are compulsory heirs?
The following are the compulsory heirs entitled to the legitime:
(1) Legitimate children and descendants, with respect to their
legitimate parents and ascendants;
(2) In default of the foregoing, legitimate parents and ascendants, with
respect to their legitimate children and descendants;
(3) The widow or widower;
(4) Acknowledged natural children, and natural children by legal
fiction;
(5) Other illegitimate children.
[6]

Except for the spouse, all these are direct compulsory heirs because

they have a direct line of ancestry connecting them upwards or
downwards to the deceased.
 Spouses are not direct compulsory heirs.
This is important because there is a special rule for direct compulsory
heirs which makes it against the law to bypass them in a will:
Art. 854. The preterition or omission of one, some, or all of the
compulsory heirs in the direct line, whether living at the time of the
execution of the will or born after the death of the testator, shall annul
the institution of heir; but the devisees and legacies shall be valid
insofar as they are not inofficious.
If the omitted compulsory heirs die before the testator, the institution
shall be effectual, without prejudice to the right of representation.
 Adopted kids are also direct compulsory heirs.
It’s worth pointing out that an adopted child is a direct compulsory heir.
Adoption gives to the adopted person the same rights and duties as if
he were a legitimate child of the adopter and makes the adopted
person a legal heir of the adopter. Therefore, an adopted child cannot
be preterited.[7]

What is the effect of preterition?

Preterition is invalid and subjects the will to important consequences.
The institution of the heir/s named in the will becomes annulled. The
devisees and legacies can remain valid only insofar as they do not
impair the legitime.
Considering these nullifications, much or all of the inheritance will
necessarily be as if there were no will to direct how the properties are
apportioned. The properties would therefore be distributed not in
accordance with the will, but according to the default shares provided
by the law in the absence of a will.

How is preterition invoked?

Note that the omission has to be total for preterition to be invoked so
that the will’s institution of the heir is annulled.
A daughter is a compulsory heir of the direct line, but if she was
merely allotted a smaller share in her father’s will than her legitime
grants her then she was not preterited. Preterition means total
omission.

A different remedy is needed when the inheritance is less than what was due
to the heir.
Her remedy in such a case is found in Articles 906 and 907 of the Civil
Code. She can demand that her share be fully satisfied. She can even
demand that it be satisfied from the testamentary dispositions that
infringed on or diminished her legitime.
Article 906. Any compulsory heir to whom the testator has left by any
title less than the legitime belonging to him may demand that the
same be fully satisfied.
Article 907. Testamentary dispositions that impair or diminish the
legitime of the compulsory heirs shall be reduced on petition of the
same, insofar as they may be inofficious or excessive.
In any event, these issues should be raised in court estate
proceedings where the inheritance issues are threshed out.

How does this relate to disinheritance?

Although preterition is not allowed, a direct compulsory heir can still be
disinherited. But disinheritance has to follow the process set by law.
A testator’s disinheritance of his compulsory heirs can only be done
through a last will and testament, and only for one of the reasons
specified by the Civil Code. The will which disinherits a compulsory
heir must state the legal cause for the disinheritance. [8]

Disinheritance must be for the reasons allowed for by law and can only be
done in a will.
These exclusive causes for disinheriting a direct compulsory heir are
enumerated in Articles 919 and 920. A valid disinheritance is the only
way that living compulsory heirs can be deprived of their legitime
through a will.
Wills which do not follow the forms, requirements, and limits set by law
will be disputed.
 Disinheritance2
by Atty. Francesco Britanico | Apr 17, 2017 | Estate Law, Wills &
Inheritance
InheritanceLegal statutes
Below are the provisions of Philippine Civil Law on Disinheritance for those who need it
as reference or who want to see the letter of the law.
For discussion, please see: Excluded heirs and disinherited children. Note that
disinheritance requires special proceedings for it to be valid.

Articles 915 to 918 General Provisions on

Disinheritance
Article 915. A compulsory heir may, in consequence of disinheritance, be deprived of
his legitime, for causes expressly stated by law. (848a)
Article 916. Disinheritance can be effected only through a will wherein the legal cause
therefor shall be specified. (849)
Article 917. The burden of proving the truth of the cause for disinheritance shall rest
upon the other heirs of the testator, if the disinherited heir should deny it. (850)
2
https://lawyerphilippines.org/2019/02/08/compulsory-heirs-under-philippine-law/
Article 918. Disinheritance without a specification of the cause, or for a cause the truth
of which, if contradicted, is not proved, or which is not one of those set forth in this
Code, shall annul the institution of heirs insofar as it may prejudice the person
disinherited; but the devises and legacies and other testamentary dispositions shall be
valid to such extent as will not impair the legitime. (851a)

Articles 919 Reasons for Disinheritance of Children or

Descendants
Article 919. The following shall be sufficient causes for the disinheritance of children and
descendants, legitimate as well as illegitimate:
(1) 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;
(2) 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;
(3) When a child or descendant has been convicted of adultery or concubinage with the
spouse of the testator;
(4) 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;
(5) A refusal without justifiable cause to support the parent or ascendant who disinherits
such child or descendant;
(6) Maltreatment of the testator by word or deed, by the child or descendant;
(7) When a child or descendant leads a dishonorable or disgraceful life;
(8) Conviction of a crime which carries with it the penalty of civil interdiction. (756, 853,
674a

Articles 920 Reasons for Disinheritance of Parents or

Ascendants
Article 920. The following shall be sufficient causes for the disinheritance of parents or
ascendants, whether legitimate or illegitimate:
(1) When the parents have abandoned their children or induced their daughters to live a
corrupt or immoral life or attempted against their virtue;
(2) When the parent or ascendant has been convicted of an attempt against the life of
the testator, his or her spouse, descendants, or ascendants;
(3) When the parent or ascendant has accused the testator of a crime for which the law
prescribes imprisonment for six years or more, if the accusation has been found to be
false;
(4) When the parent or ascendant has been convicted of adultery or concubinage with
the spouse of the testator;
(5) When the parent or ascendant by fraud, violence, intimidation, or undue influence
causes the testator to make a will or to change one already made;
(6) The loss of parental authority for causes specified in this Code;
(7) The refusal to support the children or descendants without justifiable cause;
(8) An attempt by one of the parents against the life of the other, unless there has been
a reconciliation between them. (756, 854, 674a)

Articles 921 Reasons for Disinheritance of a Spouse

Article 921. The following shall be sufficient causes for disinheriting a spouse:
(1) When the spouse has been convicted of an attempt against the life of the testator,
his or her descendants, or ascendants;
(2) When the spouse has accused the testator of a crime for which the law prescribes
imprisonment of six years or more, and the accusation has been found to be false;
(3) When the spouse by fraud, violence, intimidation, or undue influence cause the
testator to make a will or to change one already made;
(4) When the spouse has given cause for legal separation;
(5) When the spouse has given grounds for the loss of parental authority;
(6) Unjustifiable refusal to support the children or the other spouse. (756, 855, 674a)

Articles 922 to 923 Effects of Reconciliation on

Disinheritance and Effects on Children of the
Disinherited Person
Article 922. A subsequent reconciliation between the offender and the offended person
deprives the latter of the right to disinherit, and renders ineffectual any disinheritance
that may have been made. (856)
Article 923. The children and descendants of the person disinherited shall take his or
her place and shall preserve the rights of compulsory heirs with respect to the legitime;
but the disinherited parent shall not have the usufruct or administration of the property
which constitutes the legitime. (857)