- Statute
- Philippine Civil Code
- Article
- Art. 921
- Topic
- Testamentary Succession
- Status
- In force
- Book
- BOOK III DIFFERENT MODES OF ACQUIRING OWNERSHIP Preliminary Provision
- Title
- TITLE IV SUCCESSION
- Chapter
- CHAPTER 2 Testamentary Succession
- Year
- 1949
- Cited by
- Multiple Supreme Court decisions
The provision
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)
Intellegal Wiki · In plain terms
Disinheriting a spouse requires one of the six causes listed here, and only these: conviction for an attempt against the life of the testator or the testator's descendants or ascendants; a false accusation of a crime punishable by six years' imprisonment or more; causing the testator by fraud, violence, intimidation or undue influence to make a will or change one already made; giving cause for legal separation; giving grounds for the loss of parental authority; and unjustifiable refusal to support the children or the other spouse. The grounds for legal separation referred to are those now enumerated in Article 55 of the Family Code. Article 916 requires the disinheritance to be made in a will specifying the legal cause, and Article 922 provides that a later reconciliation destroys the right to disinherit and renders ineffectual any disinheritance already made.
An editorially maintained plain-language explanation of this provision — not legal advice.
Cases applying this article
- Valentina de Torres v. Narciso de Torres G.R. No. 9234
- Mercedes Cristobal Cruz v. Eufrosina Cristobal G.R. No. 140422
- Intestate of the Deceased Encarnacion Saenz de Vizmano Miguel Velasco y Cuarteroni v. Remedios Vismanos G.R. No. 21244
- Manuel Sarita v. Andres Candia G.R. No. 7768