Table of Legitimes in Testamentary Succession

TABLE OF LEGITIMES IN TESTAMENTARY SUCCESSION SUCCESSION IMPORTANT! SEE page 53 of 117- Boliv’s notes

NCC PROVISIONS

Relatives Surviving

Legitimate Children and Descendants

Art. 888

1. Legitimate Children (alone) 2. One legitimate Child, Spouse 3. Two or more legitimate children, Spouse, Illegitimate children 4. Spouse, Illegitimate Illegitimate Children 5. Legitimate Parents (or ascendants), Spouse, Illegitimate Children 6. Legitimate Parents (alone) 7. Illegitimate Children (alone) 8. Spouse (alone) 9. Legitimate Parents and Spouse 10. Illegitimate Parents (alone)

½ divided by the number of children ½

Art. 892 Art. 897 and 898

Art. 894 Art. 899

Art. 889 Art. 901 Art. 900 Art. 893 Art. 903- where the decedent is an illegitimate person Art. 903- where the decedent is an illegitimate person Art. 896

½ (divided by number of legitimate children

Surviving Spouse

Illegitimate Children

Legitimate Parents and Ascendants

Illegitimate Parents

X

X

X

X

1/4

X

X

x

X ½ of each legitimate children

x

x

Same as legitimate child

one

x

1/3

1/3

x

x

x

1/8

1/4

1/2

x

X

X

X

½

X

X

X

½

X

X

X X

½, 1/3 1/3,, ½ ¼

X X

X ½

X X

X

X

X

X

½

11. Illegitimate parents and spouse

X

¼

X

X

¼

12. Legitimate parents and illegitimate children

X

X

¼

½

X



Spouse (alone) 1/3- Marriage was solemnized in articulo mortis and the testator died within 3 months from marriage. But if they had been living as husband and wife without the benefit of marriage for more than 5 years the legitime is ½.