Heirs and inheritance (Part 2): Legitimes, free

portions, and intestate shares

Retrieved from:

http://famli.blogspot.com/2011/07/legitimes-and-intestate-shares.html

1] The law that governs the issues on inheritance is the ew !ivil !ode of the
1] The
"hilippines #!!$%
"hilippines  #!!$% not the &amil' !ode..

[2] (T
[2] ( Test
estate
ate or testamentar' succession)
succession ) refers to situations where the person
dies leaving a last will. The person who e*ecutes a last will is called the
(testator.)

The share in the inheritance is called (legitime.) The !! provides

for compulsor'
compulsor' heirs)
heirs) or certain people to whom the testator is obligated to give
their legitimes.

+n computing the legitimes% the remaining portion of the estate is called the (free)
portion. The testator can give this portion to an'one.

[3] (,egal
[3] ( ,egal or intestate succession)
succession ) refers to situations where the person died
without a last will the share in the inheritance is called (intestate share.)

[4] (*traudicial settlement of estate) is a voluntar' agreement among the heirs

[4] (*traudicial
partitioning the estate #free of debts$% e*ecuted before a notar' public% and
published once a wee for three wees in a newspaper of general circulation.

[5]  sole heir claiming the whole estate can file an(ffidavit of adudication b'
[5] 
sole heir) with the Register of
o f eeds #if real propert' is involved$
invol ved$ or with the 3+R.

Posted beo! is a comparati"e tabe of egitimes and intestate shares#

$%r"
$%r"i"
i"in
ing
g he
heir
ir Le
Legi
giti
time
me &ntestate share
+llegitimate children 1/5 1/2

4urviving spouse 1/5 1/2

#Remaining 1/5 is
free portion rt. 68%
!!$

+llegitimate children 1/8 1/8

4urviving spouse 1/6 1/8

,egitimate parents 1/2 1/2

#rt. 6% !!

testator ma' freel'
dispose of the
remaining 1/6 of the
estate.$

+llegitimate children 1/8 1/2

,egitimate parents 1/2 1/2

,egitimate parents 1/2 1/2

4urviving spouse 1/8 #taen from the 1/2

free portion$

#rt. 65% !!$

+llegitimate parents 1/8 1/2

4urviving spouse 1/8 1/2

+llegitimate children 1/2 #divided b'  ll

alone number of illegitimate
children$
 Remainder is free
portion #rt. 01%
!!$

,egitimate parents 1/2 remaining half is  ll

alone free portion #rts. 66
and 60% !!$

+llegitimate parents 1/2 ll

alone

4urviving spouse 1/2% 1/5% 1/2 #rt. 00%  ll

alone !!$

,egitimate children 1/2 #divided b' the  ll

#or their number of children$
descendants$
alone Remaining half is free
portion #rt. 666%
!!$

9ne legitimate 1/2 1/2

child #or
descendant$
1/8 1/2
4urviving spouse
Remaining 1/8 is free
portion #rt. 62%
!!$

Two or more 1/2 #divided b' the !onsider spouse as 1

legitimate children number of children$ legitimate child and
#or their divide estate b' total
descendants$ number 

ual to the share of

one child
4urviving spouse
Remainder is free
portion #rt. 62%
!!$

,egitimate child 1/2 "lease read rticle 17; of 

the &amil' !ode:
+llegitimate child 1/2 of each legitimate computing the legitimes
child #rt. 17;% &amil' of legitimate and
!ode$ illegitimate children an
illegitimate child gets
Remainder is free one-half $
portion #rt. 62%
!!$

4urviving spouse 1/2 #remaining half is 1/2

free portion rt. 00%
!!$

ot entitled to
3rothers and an'thing since the' 1/2 #divided b' the
sisters #nephews are not compulsor' number of brothers and
and nieces% in case heirs testator ma' sisters nephews and
of deceased choose to give them nieces of deceased
siblings$ something out of the siblings divide among
free portion themselves the share
that should have to their
parents$

 rt. 1001% !!