All children are entitled to inherit something from their parents. “However, the extent of inheritance will vary depending on whether the parent had a will or not at the time of death,”
So if there is indeed a will, your brother is entitled to at least one-fourth of the estate. “It could be lesser than that of the daughter, but the son must get something,” she relates. And if there is none, both children will have an equal share of the estate—though this does not apply if a child has already received something through donation from the parent while still alive. The value of the donation will have to be deducted from the share the child is entitled to.
When it comes to a serious matter like disinheritance, a lawyer friend has this to say: “The parent concerned cannot just disinherit the son simply because they don’t see eye to eye.” Disinheritance is allowed when and if:
• The parents have abandoned their children, or induced their daughters to lead a corrupt or immoral life, or attempted incest.
• The child has been convicted of an attempt against the life of the parent/s, children, or grandparents.
• The heir has accused the parent of a crime for which the law prescribes imprisonment for six years or more, and the accusation was found groundless.
• The heir fails to report to authorities the violent death of the parent within a month, unless the authorities have already taken action.
• The heir has been convicted of adultery or concubinage against the parent, or uses fraud, violence, intimidation, or undue influence to cause the parent to change a will.
• A person falsifies or forges a supposed will of his parent. He can kiss his inheritance goodbye.
So unless your brother committed any of the above wicked deeds, you should give him his rightful share. Also, please consult a lawyer.