SC: Waiving inheritance can mean valid donation

Waiving rights to inherited property can be a valid donation when it shows intent and meets the legal requirements for a donation, the Supreme Court said in a ruling.

In a 19 February 2026 decision written by Associate Justice Jhosep Y. Lopez, the SC’s Second Division denied the consolidated petitions filed by Felix G. Cruz and affirmed the Court of Appeals’ (CA) rulings upholding the transfer of two inherited properties by Luis and Rosita Cruz to their sons, Robin and Osias.

This involved two parcels of land left by Judy Cruz, who died single and without a will and was survived by her parents, Luis and Rosita, and five siblings, including Felix, Robin and Osias.

After her death, Luis and Rosita executed separate notarized waivers of rights over the properties in favor of Robin and Osias and later the two executed an Extrajudicial Partition and Settlement of Estate and registered the properties in their names.

Siblings sign waiver

Felix and two other siblings, Doris and Henry, also executed waivers giving up any interest in the properties, while Felix, who was the family lawyer, prepared these documents.

But after their mother, Rosita, died, Felix sought to nullify the transfer of the properties and cancel Robin and Osias’ titles, arguing that the transfer was invalid and that the properties should have remained part of Rosita’s estate, to which he was entitled as one of the heirs.

The Regional Trial Court dismissed Felix’s complaint, and the CA upheld that decision. It ruled that the Waivers of Rights Luis and Rosita executed constituted valid donations in favor of Robin and Osias.