Can I disinherit my very own son who is a persistent gambler, alcoholic and a spendthrift who spends money irresponsibly and extravagantly?
Yes, you can disinherit your own son. That is called DISINHERITANCE starting under Article 915 of the Civil Code.
Since the law reserves the legitime of a compulsory heir, the general rule is that you cannot dispose of this portion of your estate. Disinheritance is the exception to this general rule. However, before you may disinherit your son, a compulsory heir, there are rules to be followed before the disinheritance shall be considered valid:
a. When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants, d. when a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made.
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