Dear PAO,
I am planning to make a last will and testament and I want to know if it’s possible not to give any inheritance to one of my sons.
Mrs. G

 Dear Mrs. G,
Your children are considered as your compulsory heirs and as such, are entitled to a legitime. It is that part of a testator’s property which cannot be freely disposed of because it is reserved to the compulsory heirs (Article 886, Civil Code of the Philippines). Since the right of your children to receive inheritance from you is specifically vested by law, you may only deprive them of the same through disinheritance (Article 915, id.). Article 919 of the Civil Code of the Philippines enumerates the grounds for disinheritance of children and descendants, to wit:
“Art. 919. The following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate:

1. When the 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 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.”

If any of the aforementioned grounds are present, you may disinherit your son in the last will and testament that you will be making and specifically state therein the legal cause of his disinheritance (Article 916, Civil Code of the Philippines). Your failure to specify the cause shall make the disinheritance ineffective. In such a case, the institution of the heirs in your will shall be annulled insofar as it may prejudice the son whom you want to disinherit (Article 918, Civil Code of the Philippines).

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to This email address is being protected from spambots. You need JavaScript enabled to view it.