SC: Waiver of inheritance rights can be valid donation

September 30, 2026

By ABOGADO.COM.PH Staff

The Supreme Court has ruled that waiving rights to inherited property in favor of another person may amount to a valid donation when there is an intent to donate and all legal requirements are met.

In a decision penned by Associate Justice Jhosep Y. Lopez, the SC Second Division denied the consolidated petitions of Felix G. Cruz and upheld the transfer of two inherited properties from his parents, Luis and Rosita Cruz, to his brothers Robin and Osias.

The SC said Luis and Rosita became owners of the properties when their daughter Judy died without a will, hence making them her legal heirs.

Their notarized waivers in favor of Robin and Osias showed their intent to donate the properties.

The SC found that the requirements for a valid donation of real property were met, including the donors’ intent, execution of the documents and acceptance by the recipients, who later registered the properties in their names.

The properties therefore no longer formed part of Rosita’s estate when she died.

The SC also noted that Felix and two other siblings had separately waived any interest in the properties with Felix himself preparing the documents.#