Académique Documents
Professionnel Documents
Culture Documents
does not explicitly disinherit the testatrixs parents, the forced heirs. It simply omits their
names altogether. Said will rather than be labelled ineffective disinheritance is clearly
one in which the said forced heirs suffer from preterition. On top of this is the fact that
the effects flowing from preterition are totally different from those of disinheritance.
The disputed order, declares the will in question a complete nullity. Art. 854 of the Civil
Code in turn merely nullifies the institution of heir. Considering, however, that the will
before us solely provides for the institution of petitioner as universal heir, and nothing
more, the result is the same. The entire will is null.