INTESTATE SUCCESSION

INTESTATE PERSON (LEGITIMATE) INTESTATE PERSON (ILLEGITIMATE )

Order of Intestate Succession
1. Legitimate children and their legitimate 1. Illegitimate parents only (No other ascendants)
descendants Legitimate children and their legitimate descendants
2. Legitimate parents and their legitimate ascendants 2. Illegitimate children and their descendants
3. Illegitimate children and their descendants whether legitimate or illegitimate
whether legitimate or illegitimate 3. Illegitimate parents only (No other ascendants)
4. Surviving spouse, without prejudice to the rights
of brothers, sisters, nephews and nieces, should 4. Surviving spouse, without prejudice to the rights of
there be any illegitimate brothers and sisters and nephews and nieces,
5. Collateral relatives up to the fifth degree of who are children of illegitimate brothers and sisters.
consanguinity
6. State 5. State

For purposes of distributing the inheritance of the possible heirs of an intestate person follow this
order.
1. Legitimate children and their legitimate
descendants
2. Legitimate parents and their legitimate ascendants
3. Surviving spouse, without prejudice to the rights
of brothers, sisters, nephews and nieces, should
there be any
4. Illegitimate children and their descendants
whether legitimate or illegitimate
5. Brothers, sisters, nephews and nieces
6. Collateral relatives up to the fifth degree of
consanguinity
7. State
1. Legitimate children and their legitimate
descendants
2. Illegitimate parents only (No other ascendants)
3. Surviving spouse, without prejudice to the rights
of illegitimate brothers and sisters and nephews
and nieces, who are children of illegitimate
brothers and sisters.
4. Illegitimate children and their descendants
whether legitimate or illegitimate
5. Illegitimate brothers and sisters and nephews and
nieces who are children of an illegitimate
brother or sister.

POSSIBLE COMBINATIONS IN THE SURVIVAL OF COMPULSORY HEIRS

PARAGRAPH 1
1-3 1-3

a.One legitimate childand the surviving spouse a.One legitimate childand the surviving spouse
​ ​
½ of the estate ​½ of the estate ½ of the estate ​½ of the estate

b.Legitimate children and the surviving spouse b.Legitimate children and the surviving spouse

Consider the surviving spouse as a legitimate child and Consider the surviving spouse as a legitimate child and
then divide the estate by the total number. then divide the estate by the total number.
1-4 1-4
Legitimate childrenand illegitimate children Legitimate childrenand illegitimate children

½ of the estate in equal ​½ of the share of ½ of the estate in equal ​½ of the share of
each each
portion ​ legitimate portion ​ legitimate
child child

GR:Estate to be divided in proportion of two shares GR:Estate to be divided in proportion of two shares

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 for each legitimate child and one share for each
illegitimate child
Epxn: When the legitime of legitimate children is
impaired because of the no. of illegitimate children,
Reduce the legitime of illegitimate children. In any
case, follow the computation which will give the
legitimate children more successional rights.
for each legitimate child and one share for each
illegitimate child
Epxn: When the legitime of legitimate children is
impaired because of the no. of illegitimate children,
Reduce the legitime of illegitimate children. In any
case, follow the computation which will give the
legitimate children more successional rights.

1-3-4 1-3-4

a. One legitimate child (LC), illegitimate a. One legitimate child (LC), illegitimate children(IC)
children(IC) and the surviving spouse and the surviving spouse

One LC – ½ of the estate One LC – ½ of the estate

SS - ¼ of the estate SS - ¼ of the estate
IC - Remaining ¼ of the estate. IC - Remaining ¼ of the estate.

b.Legitimate children, illegitimate children and the b.Legitimate children, illegitimate children and the
surviving spouse surviving spouse
GR:2 shares for each legitimate child as well as the GR:2 shares for each legitimate child as well as the
surviving spouse and 1 share for each illegitimate child surviving spouse and 1 share for each illegitimate child
Epxn:When the legitime of legitimate children is Epxn: When the legitime of legitimate children is
impaired because of the no. of illegitimate children, impaired because of the no. of illegitimate children,
Reduce the legitime of illegitimate children. In any Reduce the legitime of illegitimate children. In any
case, follow the computation which will give the case, follow the computation which will give the
legitimatechildren more successional rights. legitimatechildren more successional rights.
PARAGRAPH 2
2-3 2-3
Legitimate parents and surviving spouse illegitimate parents and surviving spouse
​ ​ ​ ​
​ ½ of the estate ​ ½ of the estate ​ ½ of the estate ​ ½ of the estate
2-4 2-4
Legitimate parents and illegitimate children N/A
Because the presence of illegitimate children (and their
½
​ of the estate ½
​ of the estate descendants whether legitimate or illegitimate) excludes
illegitimate parents
2-3-4 2-3-4
Legitimate parents(LP), illegitimate children(IC) and
the surviving spouse (SS) N/A
LP– ½ of the estate Because the presence of illegitimate children (and their
IC - ¼ of the share of the legitimate child descendants whether legitimate or illegitimate) excludes
illegitimate parents
SS - ¼ of the estate
PARAGRAPH 3
3-4 3-4
Illegitimate children and the surviving spouse Illegitimate children and the surviving spouse
​ ​ ​ ​
​½ of the estate equally ​½of the estate ​½ of the estate ​½of the estate
PARAGRAPH 4
3-5 3-5
Surviving Spouse and brothers, sisters, nephews and Surviving Spouse and brothers, sisters, nephews and
nieces (BSN2) nieces (BSN2)

SS – ½ of the estate SS – ½ of the estate

BSN2 – ½ of the estate BSN2 – ½ of the estate

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 Condition: They must be illegitimate brothers and
Note: sisters of the intestate person who is also illegitimate.
Brothers or sisters of the full blood shall take the Nephews and nieces whether legitimate or
portion double that of the brothers or sisters of the illegitmate- must be the children of an illegitimate
half blood. brother or sister.
PARAGRAPH 4
6. Other collateral relatives – Inherits only if they survived alone under the principle of proximity.

OTHERS
1. Legitimate children alone- Entire estate; to be divided in equal shares as there are legitimate
children.
2. Legitimate Parents alone- Entire estate
3. Surviving spouse- Entire estate
4. Illegitimate children alone- Entire estate
5. BSNN- Entire estate
Brothers or sisters from the same father and mother (Full blood) alone- They will inherit the entire
estate.
Brothers and sisters of half blood alone- Entire estate
Brothers and sisters of full blood and half blood- follow the 2:1 manner of distribution.
6. Illegitimate parents alone- Entire estate
Note: Illegitimate parents inherit intestate only in default of legitimate/illegitimate descendants of
the descendent.
7. 5th degree relatives- Entire estate.
8. State- Entire estate
Basic Principles of Intestate Succession
1. Concurrence 6. Grandchildren inherit in their own right
-Compulsory heirs are never excluded from the
inheritance. -When all the children repudiates their inheritance
-All compulsory heirs are intestate heirs but not all
intestate heirs are compulsory heirs

2. Proximity 7. Successional rights of nephews and nieces

-Relatives of the decedent nearest in degree exclude the
more remote ones, without prejudice to the right of -By right of representation when they concur with aunts
representation when proper. and uncles if their parents did not repudiate.
-By virtue of representation the farther becomes nearer -By their own right, if they do not concur with aunts and
uncles
3. Preference of line 8. Iron curtain rule
-Relatives of the direct descending line exclude those -Illegitimate children of legitimates cannot represent
who are in the direct ascending lines. because of the barrier.
-Relatives in the direct ascending line exclude those -But illegitimates and legitimates can represent
who are in the collateral line.
4. Right of representation 9. Effect of repudiation
-There is right of representation in the descending line -A renouncer can represent but cannot be represented.
-There is no right of representation in the ascending line
Propriety:
Predecease (Testate and intestate)
Incapacity (Testate and intestate)
Disinheritance (Testate only)
Scope:
Intestate- covers all that the person being represented
would have inherited
Testate- legitime only
5. Grandchildren 10. Inheritance in equal shares
-Always inherit by right of representation Exceptions:
Except: 1. Division in the ascending line
1.Art. 43. If there is a doubt, as between two or more 2. Division between relatives of the full and half

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 persons who are called to succeed each other, as to blood
which of them died first, whoever alleges the death of 3. In cases of representation
one prior to the other, shall prove the same; in the
absence of proof, it is presumed that they died at the
same time and there shall be no transmission of rights
from one to the other.
2.Art. 992. An illegitimate child has no right to inherit
ab intestato from the legitimate children and relatives of
his father or mother; nor shall such children or relatives
inherit in the same manner from the illegitimate child.

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