Help! I want to disinherit my son
My youngest son R is a major disappointment,” says T, the founder of a metal parts company, who is in his 80s. “R is addicted to gambling and gaming and many other vices. He steals, he cheats, he lies. He also abused me, his mother, his siblings many times, cursing at us. We cannot tolerate his misbehavior anymore, and he does not deserve to inherit any of our hard-earned assets upon our demise. There is a chance that R will fight his disinheritance, but my friend says that all I have to do is to list down times and dates that R abused us in my will, and it will hold up in court. Is this true?”
My reply
I am sorry to hear about your son’s abusive ways, but are you really certain you want to disinherit him? You are pained by what R is doing, but it is clear to me that you (and likely, your wife) love him. You say he is an addict, but you did not mention whether he has gotten professional help. Addiction in any form makes us slaves to it, and R may be abusive because he is powerless to fight its insidious grip.
For the best chance of recovery, contact addiction specialists (usually in major hospitals). With the help of other family members, lay down the law—tell R he has to enter rehab ASAP, or else he will lose his inheritance. If R realizes this is his one chance to become clean (and continue being a member of the family), he should agree to treatment.
I sincerely hope that you will work on treatment options for R rather than disinherit him at this point. But I will answer your question about your friend’s suggestion, with the caveat that I am not a lawyer, and I suggest you consult one well-versed in estate law.
Let me quote Articles 915 to 919 of our New Civil Code:
“A compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law. [Legitime means the part of a deceased individual’s estate that is legally given to compulsory heirs, such as children, and cannot be given to others by the deceased.]
“Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified.
“The burden of proving the truth of the cause for disinheritance shall rest upon the other heirs of the testator [the one making the will], if the disinherited heir should deny it.
“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.
“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.”
From your description of R’s behavior and actions, (6) and (7) may be sufficient causes. Your friend is right about citing specific instances in your will. Again, consult an attorney who specializes in estate law.
But first seek help for your addicted child. God bless you and your family.
Queena N. Lee-Chua is on the Board of Directors of Ateneo’s Family Business Center. Get her print book “All in the Family Business” at Lazada or Shopee, or e-book at Amazon, Google Play, Apple iBooks. Contact the author at blessbook.chua@gmail.com.
