Table of Legitimes and Legacies

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 free portion$

1/2

#rt. 65% !!$ +llegitimate parents

1/8

1/2

4urviving spouse

1/8

1/2

+llegitimate children alone

1/2 #divided b'  ll number of illegitimate children$

Remainder is free portion #rt. 01% !!$ ,egitimate parents alone

1/2 remaining half is  ll free portion #rts. 66 and 60% !!$

+llegitimate parents alone

1/2

4urviving spouse alone

1/2% 1/5% 1/2 #rt. 00%  ll !!$

,egitimate children #or their descendants$ alone

1/2 #divided b' the number of children$

9ne legitimate child #or descendant$

1/2

1/2

1/8

1/2

ll

 ll

Remaining half is free portion #rt. 666% !!$

4urviving spouse Remaining 1/8 is free portion #rt. 62% !!$ Two or more legitimate children #or their descendants$

1/2 #divided b' the number of children$

ual to the share of one child

!onsider spouse as 1 legitimate child and divide estate b' total number 

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

,egitimate child

1/2

+llegitimate child

1/2 of each legitimate child #rt. 17;% &amil' !ode$ Remainder is free portion #rt. 62% !!$

4urviving spouse

3rothers and sisters #nephews and nieces% in case of deceased siblings$

1/2 #remaining half is free portion rt. 00% !!$

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

"lease read rticle 17; of  the &amil' !ode: computing the legitimes of legitimate and illegitimate children an illegitimate child gets one-half $

1/2

1/2 #divided b' the number of brothers and sisters nephews and nieces of deceased siblings divide among themselves the share that should have to their parents$  rt. 1001% !!