Legal grounds for disinheriting an heir

Legal grounds for disinheriting an heir "I am a high school teacher and presently living on my own. I left our family home because of certain differences in our family. I learned a few months ago from my aunt that my father executed a will and I was not given any portion of his properties. I am trying to accept this reality but I still would like to know whether a parent could do this legally to his child? I hope you can provide me with answers so that I may also have closure as to this matter. With gratitude,Betina Dear Betina,It is a well-established rule that the owner of a property may dispose the same in the manner he may see fit. However, this right is not boundless as our laws provide limitations on the exercise of such right. In the disposition of property by a testator, the general rule is that the testator may not deprive his compulsory heir of his or her legitime, unless there is a legal cause. (Article 915, New Civil Code of the Philippines) The deprivation of the heir’s legitime may be done by disinheriting said heir, and the legal causes thereto are as follows: “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 the 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 the child or descendant has been convicted of adultery or concubinage with the spouse of the testator (4) When the 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 the child or descendant leads a dishonorable or disgraceful life (8) Conviction of a crime which carries with it the penalty of civil interdiction.” (Article 919, id) Only if one of these causes is expressly stated in the parent’s last will and testament can the said parent validly disinherit his compulsory heir. Furthermore, the cause stated must be true and existing at the time the deprivation is made.In your case, we cannot conclude whether your father has legal grounds to disinherit you since you do not know the reason why he disinherited you in the first place. The best thing for you to do is to courteously talk to your father and verify whether there is truth to your aunt’s claim that you were not included in his last will and testament. If he tells you that, indeed, you are not included in his will, examine the will and confirm whether he has a legal cause to deprive you of your legitime. 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 dearpao@manilatimes.net or via text message (key in: Times dearpao and send to 2299)." - https://www.affordablecebu.com/