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.
1 Answer from Attorneys
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[8] The will must not have been revoked.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.