Mr. Wilson Tiu’s will designates all his remaining properties to his favored daughter, Caroline Tiu, despite having a wife and four other children. But is Mr. Wilson Tiu obligated to distribute his assets among all family members? Or can he legally bequeath everything solely to Caroline? While it may seem natural to provide for all family members, unfortunate circumstances sometimes arise where familial bonds are strained.
In our country, certain individuals known as “Compulsory Heirs” have a legal entitlement to inherit from the deceased. These specified relatives must receive a portion of the deceased’s estate, as mandated by law. Failure to include them in the inheritance may result in the will being challenged, invalidated, or the omitted heir may seek to claim their rightful share. Compulsory heirs include marital children, non-marital children, surviving spouses, and legitimate or illegitimate parents or ascendants (but this applies only in cases where there are no legitimate or illegitimate descendants)
What if Mr. Wilson Tiu chooses not to include some or all of his children in his will? Can he simply omit them? The answer lies in the legal process of disinheriting a specific individual, which requires explicit mention in the will. However, disinheritance is permissible only under specific grounds outlined in Article 919, 920, and 921 of the Civil Code.
If Mr. Wilson Tiu passes away without specifically disinheriting a child who attempted against his life, his spouse, descendants, or ascendants, does that child automatically inherit from him for failure to disinherit? The answer is no. Even in the absence of explicit disinheritance, such a child is rendered incapacitated to inherit according to Article 1032. However, it’s important to note that not all grounds for disinheritance result in incapacity.
Navigating the intricacies of succession law can be complex and overwhelming. At Bais Andan Law Offices, we’re here to simplify the process for you and ensure that your estate planning is comprehensive and conflict-free. Contact us today at info@baisandanlaw.com or call us at 0915 968 2503 or (045) 281 0164 to get started.