who moved to the States to practice as a doctor. After 30 years, he returned to the Philippines, single and passed away a few years later. His will was found, where he left his entire estate to his favorite niece. The will was submitted for probate in the courts, but his parents objected to its probate, claiming that he had completely left them out, and were not given what they were entitled to under the law as his heirs. Is the will void for having excluded his parents?
Would the answer be different if he were naturalized as an American?
My answer is the institution of the niece as sole heir is void.
The law provides that omission of a compulsory heir makes the will void.
Art. 854. The preterition or omission of one, some, or all of the compulsory heirs in the direct line, whether living at the time of the execution of the will or born after the death of the testator, shall annul the institution of heir
Art. 887. The following are compulsory heirs:
(1) Legitimate children and descendants, with respect to their legitimate parents and ascendants;(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate children and descendants;(3) The widow or widower;(4) Acknowledged natural children, and natural children by legal fiction;(5) Other illegitimate children
In this case the parents are compulsory heirs in the direct line. Therefore, they cannot be omitted as provided by law. And following the case of Nuguid v. Nuguid, (https://www.lawphil.net/judjuris/juri1966/jun1966/gr_l-23445_1966.html) the preterition makes the will completely void, not just the portion of the inheritance of the parents. The estate will be divided based on intestacy.
/ ND
Joshua Reidenbach
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