Prior to his death, H, married to W, with children X, Y, and Z, executed a holographic will entirely written, dated, and signed by him. In his will, H instituted W, X, and Y as his heirs, and consequently, made testamentary dispositions in their favor. H, however, expressly disinherited Z on the ground that the latter once filed a civil case against him in order to collect a particular sum of money he previously owed Z.
(a) Was the disinheritance of Z proper? Explain. (3%)
(b) Assuming that the disinheritance of Z was improper, how will it affect the institution of heirs and testamentary dispositions made in H’s will? Explain. (3%)
Suggested Answer:
(a) No. Answer
Under the Civil Code, there are grounds provided for the disinheritance of a child, such as 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. Filing a civil case is not one of them. Rule
In the case at bar, H expressly disinherited Z on the ground that the latter filed a civil case against H to collect a sum of money. This cause is not one of the grounds specified under the law resulting in the nullity of the disinheritance. Apply
Thus, the disinheritance of Z was not proper. Conclusion
(b) If Z’s disinheritance was improper, he will be reinstated as a compulsory heir as a child or descendant of H. This will result in the equal reduction of the inheritance of X and Y to cover Z’s legitime.
