Maltreatment by word or deed is cause for disinheritance
owner. However, it is worthy to note that such right extends even after the lifetime of the owner as means of a last will and testament wherein such transfer is only to take effect after his demise. (Article 783, Id.)
Accordingly, you may execute your last will and testament since you intend to dispose, in a particular manner, the properties which you may leave behind upon your demise. It is only necessary that you do not possess any of the prohibitions provided under the law, you are of legal age and you are of sound mind at the time of the execution of such will. (Articles 796, 797 and 798, Id.) To be of sound mind, the law states that it is not necessary that the testator be in full possession of all his reasoning faculties, or that his mind be wholly unbroken, unimpaired, or unshattered by disease, injury or other cause. What is essential is that, at the time of making the will, he is able to know the nature of the estate to be disposed of, the proper objects of their bounty, and the character of their testamentary act. (Article 799, Id.)
Considering your present physi- cal concerns, you may execute your will in the comforts of your home as long as it is executed in a language or dialect known to you, done entirely in your own handwriting, as well as dated and signed by your own hand. It is subject to no other form, may be made in or out of the Philippines, and need not be witnessed. ( Articles 804 and 810, Id.)
Insofar as your desire to deprive your youngest child of inheritance, you may do so as it is provided under Article 919 (6) of the New Civil Code of the Philippines, that maltreatment of the testator by word or deed, by the child or for the disinheritance of said child or descendant (Civil Code of the Philippines Annotated by former Supreme Court Justice, the Honorable Edgardo L. Paras, Volume III, Seventeenth Edition (2013), p.379) It is only necessary for you to particularly state such matters in your will. (Article 916, Id.)
We hope that we were able be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.