Legal Question in Wills and Trusts in Philippines

me and my wife is no longer living together, I have two kids, incase I died, will my wife still get 50% of my property, or it will be divided into 3 (my two kids and my wife)? Also, incase I made a last will testament before I die, saying that my kids will only get my property, will that be valid? thank you.


Asked on 4/23/12, 7:14 pm

1 Answer from Attorneys

VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

SIMPLY TAKE NOTE OF THE FOLLOWING:

The requisites of valid disinheritance under Art. 918 of the New Civil Code are:

[1] It must be done in a valid will;

[2] It must be express;

[3] There must be a true cause;

[4] The cause must be existing;

[5] It must be total and complete;

[6] The cause must be stated in the will;

[7] The heir disinherited must be identified;

[8] The will must not have been revoked.

The grounds for disinheriting a spouse under Art. 921 of the New Civil Code are:

[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 punishable by imprisonment of six years or more, and the accusation is false;

[3] When the spouse, by fraud, violence, intimidation or undue influence causes the testator to make a will or to change it;

[4] When the spouse has given cause for legal separation;

[5] When the spouse has given grounds for loss of parental authority;

[6] Unjustifiable refusal to support the children or the other spouse.

Read more
Answered on 6/11/12, 9:38 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Philippines