Comparative Table of Legitimes and Intestate Shares

February 7, 2019 | Author: Ralna Dyan Florano | Category: N/A
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this is for easy familiarization of the sharing either for testate or intestate proceedings as provided for in our laws ...

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COMPARATIVE TABLE OF LEGITIMES AND INTESTATE SHARES

Surviving heir 

Legitime

Intestate share

Illegitimate children

1/3

1/%

Surviving spouse

1/3

1/%

(Remaining 1/3 is free portion; Art. 89! "##$ Illegitimate children

1/

1/

Surviving spouse

1/8

1/

&egitimate parents

1/%

1/%

(Art. 899! "##; testator ma' freel' dispose of the remaining 1/8 of the estate.$ Illegitimate children

1/

1/%

&egitimate parents

1/%

1/%

&egitimate parents

1/%

1/%

Surviving spouse

1/ (taen from the free portion$

1/%

(Art. 893! "##$ Illegitimate parents

1/

1/%

Surviving spouse

1/

1/%

Illegitimate children alone

1/% (divided )' num)er of illegitimate children$ Remainder is free portion (Art. 9*1! "##$

 All

&egitimate parents alone

1/%; remaining half is free portion (Arts. 889 and 89*! "##$

 All

Illegitimate parents alone

1/%

All

Surviving spouse alone

1/%! 1/3! 1/% (Art. 9**! "##$

All

&egitimate children (or their descendants$ alone

1/% (divided )' the num)er of children$

 All

Remaining half is free portion (Art. 888! "##$ +ne legitimate child (or descendant$

1/%

1/%

1/

1/%

Surviving spouse

Remaining 1/ is free portion (Art. 89%! "##$ ,-o or more legitimate children (or their descendants$

1/% (divided )' the num)er of children$

#onsider spouse as 1 legitimate child and divide estate )' total num)er 

ual to the share of one child Surviving spouse Remainder is free portion (Art. 89%! "##$

&egitimate child

1/%

Illegitimate child

1/% of each legitimate child (Art. 10! 2amil' #ode$ Remainder is free portion (Art. 89%! "##$

Surviving spouse

1/% (remaining half is free portion; Art. 9**! "##$

lease read Article 10 of the 2amil' #ode4 computing the legitimes of legitimate and illegitimate children; an illegitimate child gets one5half $ 1/%

6rothers and sisters (nephe-s and nieces! in case of deceased si)lings$

"ot entitled to an'thing since the' are not compulsor' heirs; testator ma' choose to give them something out of the free portion

1/% (divided )' the num)er of )rothers and sisters; nephe-s and nieces of deceased si)lings divide among themselves the share that should have to their parents$  Art. 1**1! "##

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