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PRETERITION DISINHERITANCE

Must be expressly stated in the


As to manner and form Implied will

Compulsory heirs in the Compulsory heirs whether or


As to the subject direct line not in the direct line

As to the actor Testator Testator

Cause must always be stated in


the will and must be true and
May be with cause or
As to the cause legal, otherwise, the
without cause disinheritance is ineffective or
illegal

May be intentional or
As to the intention Always intentional
unintentional

Valid, hence the disinherited


heir cannot inherit, unless the
It annuls the institution of disinheritance is ineffective or
illegal by reason of:
As to the status of the act the heir, thus, the omitted 1. No cause stated;
heir may inherit. 2. No true cause;
3. Illegal cause; or
4. Reconciliation.
REPUDIATION

Must be express and made


in a public or authentic
instrument or by petition to
the court having jurisdiction
over the testamentary or
intestate proceedings.

Inheritance

Heir, whether compulsory or


voluntary; parents or
guardians of minors or
incapacitated persons or
legal representatives of
corporations when there is
judicial authorization

May be with cause or


without cause

Purely voluntary and free

Valid, thus, the repudiating


heir inherits nothing, unless
it was made through any of
the causes that vitiate
consent or when an
unknown will appears.

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