Death While Case for Dissolution of Marriage is Pending

Someone asked me, "I have a friend whose...

parents filed for a  declaration of nullity of marriage due to Psychological Incapacity during the year 2010.  The mother suffered from stage 4 cancer and died on the month of June 2015. Till June 2015, the annulment still has not been granted by the court. Before the mother died, she wrote in her will that only her two children would inherit from her estate. Since the annulment was not yet resolved before the mother died, does the father have any right to the inheritance or what was stated in the mother's will will prevail? 

My answer is the disinheritance wont be valid as to the legitime of the surviving spouse, but the free portion of the estate will go to the two children.

In situations where one of the spouses dies pending approval of Declaration of nullity of marriage [due to psychological incapacity], the petition is to be discarded. The death of one of the parties extinguishes the marriage. There is therefore no point in continuing the petition per se if there is no one to be separated from in the first place. The law is also clear in stating that solely the husband or the wife can file such a petition for declaration of absolute nullity of void marriages (Section 2(a) of A.M. No. 02-11-10-SC). This would then imply the father would remain as one of the heirs, being the surviving spouse. This, however, does not apply in the situation at hand.

Article 915 of the Civil Code of the Philippines stipulates that there are instances where a compulsory heir may, in consequence of disinheritance, be deprived of his legitime, for causes expressly stated by law. Article 916 of the New Civil Code, further explains that such a disinheritance [of a spouse] can be effected only through a will wherein the legal cause therefor shall be specified.

These are found in Art. 921 of the New Civil Code of the Philippines—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 for which the law prescribes imprisonment of six years or more, and the accusation has been found to be false; 3) When the spouse by fraud, violence, intimidation, or undue influence cause the testator to make a will or to change one already made; 4) When the spouse has given cause for legal separation; 5) When the spouse has given grounds for the loss of parental authority; 6) Unjustifiable refusal to support the children or the other spouse. 

None of these were indicated in the case since the ground for nullity of marriage was psychological incapacity.  


According to Article 918 of the New Civil Code of the Philippines, the following requisites must then be complied with for disinheritance to be valid: 
(1) Disinheritance must be done in a valid will;

(2) Disinheritance must be expressly made;

(3) There must be a true cause;

(4) The cause should be existing;

(5) Disinheritance should also be total or complete (Heir should be disinherited from everything and not just in any portions of the estate);

(6) The cause must be stated in the will;

(7) The heir disinherited should be clearly identified;

(8) The will should not have been revoked.

If all requisites stated in Article 918 are met and that the Courts find that there is legal cause established by the mother [in her will to justify disinheritance], then the will made by her may prevail and the father will not receive his inheritance.

The spouse disinherited, however, shall not be prevented from contesting or denying his/her disinheritance. In such case, it shall be the obligation of the other heirs of the testator to prove the truth of the cause for the disinheritance (Article 917 of the New Civil Code). If the truth of the cause is not proved, the institution of the heir insofar as it may prejudice the spouse disinherited shall be annulled (Article 918). /TR