ART Compulsory heirs combination Legitime

888 Legitimate descendants of estate of F & M ALWAYS

889 Legitimate parents of estate of children and descendants ALWAYS
890: legitimate to be divided between them
equally; if only one survivor, the whole of the
legitime goes to him.
If no F&M but there are grandparents in both
paternal and maternal line -> legitime shall be
divided equally between both line
If ascendants in the paternal & maternal are of
different degrees, the legitime shall fully
pertain to the ones nearest in degree of either
line
892 1 Legitimate child
Surviving spouse
of estate
of estate -> from Free portion
If there was legal separation, widow/er may
inherit if it was the deceased who gave cause
for the same
892(2) 2 or more Legitimate child
Surviving spouse
of estate
Equal to legitime of 1 legitimate child -> from free
portion
893 Legitimate parents
Surviving spouse
of estate of children and descendants
of estate -> from free portion
894 Illegitimate children
Surviving spouse
1/3 of estate
1/3 of estate
Remaining 1/3 will be the free portion
895, 897 Legitimate children
Surviving spouse
Illegitimate children
of estate
Equal to the legitime of 1 LC -> from free portion
896 Legitimate parents
Illegitimate children
of estate
of estate -> from free portion
899

Legitimate parents
Surviving spouse
Illegitimate children
of estate
1/8 of estate -> from free portion
of estate -> from free portion
Remaining 1/8 may be freely disposed of
testator
900 Surviving spouse ONLY of estate
Other half is free portion
If marriage of SS with testator was solemnized
in articulo mortis and testator died within 3
months from time of marriage, the legitimate
of SS as sole heir = 1/3 of the estate
o Exception if H&W have been living
together for 5+ years -> legitime shall
be of estate
901 Illegitimate children ONLY of estate
Other half is free portion
902: Their rights are transmitted upon their
death to their descendants whether LEG or
ILLEG.
903 pertains to
illegitimate child-
testator
Legitimate parents ONLY -> with regard to
the estate of their illegitimate children

*If there are children (legitimate or
illegitimate)

Legitimate parents
Surviving spouse ONLY
of estate of their illegitimate children



Parents do not get anything


of estate
of estate