Wills as dispositive; exception

Wills must contain disposition of the testator’s estate mortis causa. Since a will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of this estate, to take effect after his death, there must be provisions therein that attempt to "control" the distribution of his estate. However, the Supreme Court has held that a provision of disinheritance is dispositive in nature.

DISINHERITANCE AS AN EXCEPTION: Segundo’s document, although it may initially come across as a mere disinheritance instrument, conforms to the formalities of a holographic will prescribed by law. It is written, dated and signed by the hand of Segundo himself. An intent to dispose mortis causa can be clearly deduced from the terms of the instrument, and while it does not make an affirmative disposition of the latter’s property, the disinheritance of Alfredo, nonetheless, is an act of disposition in itself. In other words, the disinheritance results in the disposition of the property of the testator Segundo in favor of those who would succeed in the absence of Alfredo. (G.R. Nos. 140371-72)

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