Legitime and Intestate Succession - Ton

AUSL/RULES ON LEGITIMES AND INTESTATE SUCCESSION/AJP ARELLANO UNIVERSITY SCHOOL OF LAW WILLS AND SUCCESSION

RULES ON LEGITIMES AND INTESTATE SUCCESSION

Legitimate Child, (Article 888)

1/2

of

the

Estate

Each Illegitimate child, 1/2 of the share of each legitimate child (Article 176, Family Code)

ATTY. CRISOSTOMO URIBE By: PARRENO, ANTONY J.

Surviving Spouse, a share equal to that of each child (Article 892)

LEGITIMES 1. Legitimate Children:

7. Legitimate Parents

1/2 of the Estate (Article 888)

1/2 of the Estate (Article 889)

2. One Legitimate Child and Surviving Spouse: Legitimate Child 1/2 of the Estate Surviving Spouse 1/4 of (Article 892) 3. Legitimate Spouse

6. Legitimate Children, Illegitimate Children, and the Surviving Spouse

Children

and

the Estate Surviving

Legitimate Children 1/2 of the Estate in equal portions. (Article 888) Surviving Spouse, a share equal to that of each child (Article 892) 4. Legitimate Children and Illegitimate Children Legitimate Children, in equal portions, 1/2 of the Estate (Article 888) Each Illegitimate child, 1/2 of the share of each legitimate child (Article 176, Family Code) 5. One Legitimate Child, Illegitimate Children, and the Surviving Spouse Legitimate Child, (Article 888)

1/2

of

the

Estate

8. Legitimate Children

Parents

and

Illegitimate

Legitimate Parents, 1/2 of the Estate (Article 889) Illegitimate Children, in equal shares, 1/4 of the Estate (Article 896) 9. Legitimate Spouse

Parents

and

Surviving

Legitimate Parents 1/2 of the Estate (Article 889) Surviving Spouse 1/4 of (Article 893)

the Estate

10. Legitimate Parents, Illegitimate Children and Surviving Spouse Legitimate Parents, 1/2 of the Estate (Article 889) Illegitimate Children, in equal shares, 1/4 of the Estate (Article 896) Surviving Spouse, 1/8 of the Estate 11. Illegitimate Children alone 1/2 of the Estate, divided equally (Article 901)

Each Illegitimate child, 1/2 of the share of each legitimate child (Article 176, Family Code)

12. Illegitimate Children and the Surviving Spouse.

Surviving Spouse, 1/4 of the Estate (Article 892)

Illegitimate Children, divide 1/3 of the Estate equally (Article 894)

Illegitimate and Surviving Spouse shares will be taken from the Free Portion. Spouse having preference.

Surviving Spouse, 1/3 of the Estate (Article 894)

AUSL/RULES ON LEGITIMES AND INTESTATE SUCCESSION/AJP

AUSL/RULES ON LEGITIMES AND INTESTATE SUCCESSION/AJP

13. Surviving Spouse alone 1/2 of the Estate (Article 900) 1/3 of the Estate if marriage is in articulo mortis (Article 900) 14. Illegitimate Parents alone 1/2 of the Estate (Article 903) 15. Illegitimate Parents and children of any class Illegitimate Parents, NONE (Article 903) 1, 6 or 11 as the case may be 16. Illegitimate Spouse

Parents

and

Surviving

Illegitimate Parents, 1/4 of the Estate (Article 903) Surviving Spouse, 1/4 of the Estate (Article 903)

AUSL/RULES ON LEGITIMES AND INTESTATE SUCCESSION/AJP

AUSL/RULES ON LEGITIMES AND INTESTATE SUCCESSION/AJP

LEGAL OR INTESTATE SUCCESSION 1. Legitimate Children

Legitimate Parents or Ascendants 1/2 of the Estate

Whole Estate divided equally Adopted to be treated as a Legitimate Child (Article 979) 2. One Legitimate Child and Surviving Spouse Legitimate Child 1/2 of the Estate Surviving Spouse 1/2 of (Tolentino) 3. Legitimate Spouse

Children

and

8. Legitimate Parents or Ascendants and Surviving Spouse

the Estate Surviving

Surviving Spouse 1/2 of the Estate Testamentary provisions shall be taken from the share of the Surviving Spouse without prejudice to his Legitime (Article 997) 9. Legitimate Ascendants, Illegitimate Children, Surviving Spouse Legitimate Ascendants 1/2 of the Estate Surviving Spouse 1/4 of the Estate

Whole Estate divided equally (Article 996) Testamentary Dispositions shall be taken from the share of the Surviving Spouse without prejudice to his Legitime 4. Legitimate Children and Illegitimate Children Whole Estate, in proportion to the share of each class of child. (Article 983) 5. Legitimate Children, Illegitimate Children, Surviving Spouse Legitimate Children twice as much as an Illegitimate Children Surviving Spouse, same as the share of a Legitimate Child (Article 999) 6. Legitimate Child, Illegitimate Children, Surviving Spouse

Illegitimate Children 1/4 of the Estate (Article 1000) Testamentary Dispositions shall be taken from the share of the Surviving Spouse without prejudice to his Legitime 10. Brothers and Sisters, Surviving Spouse Brothers and Sisters 1/2 of the Estate Surviving Spouse 1/2 of the Estate Testamentary Dispositions shall be taken from the share of the Brothers and Sisters (Article 1001) 11. Full Blood Brothers and Sisters, and Half Blood Brothers and Sisters Full Blood will get twice as much as Half Blood

Legitimate Child and Surviving Spouse entitled to their Legitime Illegitimate Child will suffer reduction. (Tolentino) 7. Illegitimate Children and Surviving Spouse Surviving Spouse 1/2 of the Estate Illegitimate Children 1/2 of the Estate (Article 998) Testamentary provisions shall be taken from their respective shares without prejudice to their Legitimes

AUSL/RULES ON LEGITIMES AND INTESTATE SUCCESSION/AJP