SURVIVOR LEGITIME

LEGITIMATE CHILDREN (LC) 1/2 a. legitime divided by the # of the

LC
b. the other half is the FP ( in case
the heirs are instituted without
designation, they shall inherit in
equal shares )

LEGITIMATE PARENTS/ASC 1/2 a. Divided between mother and

father equally; if only one
survived, the whole pass to the
survivor
b. they inherit in default of LC

3. 1 LC 1/2
SURVIVING SPOUSE 1/4

4. 2 OR MORE LC 1/2 a. Divide by the # of LC

SURVIVING SPOUSE Equivalent to the share of 1LC b. legitime of SS shall be taken
from the FP
c. the remaining shall be the DFP

LEGITIMATE PARENTS/ 1/2 Share of the SS shall be taken from

ASCENDANT the FP
SURVIVING SPOUSE 1/4

ILLEGITIMATE CHILD 1/3 The remaining shall be the FP

SURVIVING SPOUSE 1/3

LEGITIMATE CHILD 1/2 the share of the IC and SS shall be

SURVIVING SPOUSE Equivalent to the share of LC taken from the FP
ILLEGITIMATE CHILD Equivalent to half of the share of
LC

LEGITIMATE CHILDREN 1/2

ILLEGITIMATE CHILD 1/2 of 1 LC In case there are several ILCs:
a. if the FP is sufficient, each ILC
gets of the share of 1 LC
b. if not sufficient, divide the FP to
the number of ILC
LEGITIMATE CHILDREN 1/2 a. divide the legitime to the # of
SURVIVING SPOUSE Equivalent to share of 1 LC LC
ILLEGITIMATE CHILDREN Half of the share of 1 LC b. the share of the SS shall be
equivalent to the share of 1 LC
c. the share of 1 ILC shall be
equivalent to half of the share of
1LC ( in case of 2 or more ILC, their
legitime shall not exceed the FP,
and the legitime of the SS must
first be fully satisfied)

LEGITIMATE PARENTS 1/2 The remaining 1/4 shall be the

ILLEGITIMATE CHILDREN 1/4 DFP

ILLEGITIMATE PARENTS excluded

ILLEGITIMATE CHILDREN 1/2

LEGITIMATE PARENTS/ASC 1/2 The shares of the SS and ILC shall

SURVIVING SPOUSE 1/8 be taken from the free portion
ILLEGITIMATE CHILDREN 1/4 The remaining 1/8 shall be the
DFP

ILLEGITIMATE CHILD 1/2 If there is more than 1, divide it

among themselves.
Remaining 1/2 shall be the FP

SURVIVING SPOUSE 1/3 a. 1/3 if the marriage is in articulo

mortis and the testator spouse
1/2 died within 3 months after the
marriage;
1/2 b. 1/2 when they have been living
as husband and wife for more
than 5 years before the marriage
in articulo mortis
c. 1/2 when the marriage is not in
articulo mortis

the remaining 2/3 in (a) or 1/2 in

(b) and (c) shall be the DFP

IN INTESTATE SUCCESSION:
ILLEGITIMATE PARENTS/ASC 1/4
SURVIVING SPOUSE 1/4 legitimate parents 1/2
 Surviving spouse 1/2 (art. 997)
FP=1/2
Illegitimate parent
Surviving spouse

Although there is no rule

regarding this, the most logical
solution is to give 1/2 of the estate
each. Applying art. 997 by
analogy

ILLEGITIMATE PARENTS ALONE 1/2 FP=1/2

INTESTATE SUCCESSION

LEGITIMATE CHILDREN ALONE Inherit in their own right, dividing

the estate in equal parts

LEGITIMATE CHILDREN Divided in accordance with the

ILLEGITIMATE CHILDREN proportion prescribed in FC

a. if both mother and father living,

PARENTS AND ASCENDANTS Entire estate shall inherit in equal shares
ALONE ( in default of legitimate b. should only one, entire estate
children )

In default of the mother and the a. if more than one of equal

father, ASCENDANTS IN THE degree belonging in the same line,
NEAREST DEGREE shall inherit they shall divide the inheritance
per capita
b. if of different lines but of equal
degree, 1/2 shall go to paternal
and 1/2 shall go to maternal.
Each division id per stirpes

ILLEGITIMATE CHILDREN ALONE Entire estate Divided among them in equal

shares

If together with the ILC there

should survive descendants of

PARENT/ ASCENDANT
ILLEGITIMATE CHILDREN
another ILC, the former shall
inherit in their own right, and the
latter by ROR
IF THE DECEDENT IS LEGITIMATE:
1/2 (legitimate parent)
1/2 (art. 991)

IF THE DECEDENT IS ILLEGITIMATE:

Illegitimate parents are excluded.
The ILC of the decedent succeed
to the entire estate (art. 993)

SURVIVING SPOUSE 1/2

LEGITIMATE PARENTS 1/2

SURVIVING SPOUSE 1/2

Brothers and sisters 1/2 (divided among them)
NN of deceased brother or sister right of representation

SURVIVING SPOUSE 1/2

NEPHEWS AND NIECES (CHILDREN 1/2 (divided among them) not by
OF DECEASED BROTHERS AND ROR but by their own right
SISTERS)

Entire estate Without prejudice to the rights of BSNN under art. 1001

SURVIVING SPOUSE The SS shall have in the succession

LEGITIMATE CHILDREN the same share as that of each of
the children

IF THE TESTATOR IS LEGITIMATE:

ASCENDANT 1/2 (legitimate)
SURVIVING SPOUSE 1/2

IF TESTATOR IS ILLEGITIMATE:
1/2
1/2

ILLEGITIMATE CHIDREN 1/2

SURVIVING SPOUSE 1/2 (art. 998)
LEGITIMATE CHILDREN (RULE ON LEGITIME APPLIES) The ILC is entitled to half of the
SURVIVING SPOUSE legitime of a LC.
ILLEGITIMATE CHILDREN 10:10:5

IF DECEDENT IS LEGITIMATE: Note: in testate succession

LEGITIMATE ASCENDANT 1/2 1/2
ILLEGITIMATE CHILDREN 1/4 1/4
SURVIVING SPOUSE 1/4 1/8 FP= 1/8

IF DECEDENT IS ILLEGITIMATE:
ILLEGITIMATE ASCENDANT Excluded
ILLEGITIMATE CHILDREN 1/2
SURVIVING SPOUSE 1/2

COLLATERAL BLOOD RELATIVES

A. IF BROTHERS AND SISTERS OF Inherit in equal shares

FULL BLOOD

B. BROTHERS AND SISTERS Per capita

TOGETHER WITH NEPHEWS AND Per stirpes
NIECES OF DEAD BROTHER/SISTER

C. BS OF FULL BLOOD SURVIVED The former shall inherit to a share

WITH BS OF HALF BLOOD double that of the latter

D. BS OF HALD BLOOD, SOMES All shall inherit in equal shares

ON THE FATHER AND SOMES ON
THE MOTHER

E. NO BS, OTHER COLLATERAL Following the rule on succession

RELATIVES SHALL SUCCEED

ADOPTED CHILD (TESTATOR)

INTESTATE SUCCESSION
IN TESTATE SUCCESSION, THERE IS
PARENTS (LEGITIMATE OR 1/2 NO LAW THAT PROHOBITS THE
ILLEGITIMATE) ADOPTED FROM MAKING A WILL
ADOPTERS 1/2 INSTITUTING THEREIN THE
ADOPTER AS HEIR, LEGATEE OR
DEVISEE

SURVIVING SPOUSE 1/2

ADOPTER 1/2

ILLEGITIMATE CHILDREN 1/2

ADOPTER 1/2

ADOPTER 1/3
SURVIVING SPOUSE 1/3
ILLEGITIMATE CHILDREN 1/3

ADOPTERS ALONE ENTIRE ESTATE

ADOPTER EXLUDED
LEGITIMATE ENTIRE ESTATE
CHILDREN/DESCENDANT

ADOPTER TESTATOR

LEGITIMATE PARENT OF THE 1/2 Child and welfare code, if the

ADOPTER adopter is survived by his
SURVIVING SPOUSE 1/4 legitimate parent and adopted
ADOPTED CHILD 1/4 child, the latter shall not have
more successional rights than the
acknowledged natural child ( same
share as an ILC) the same rule
applies if the surviving spouse
concurs.

ILLEGITIMATE PARENT OF THE

ADOPTER
SURVIVING SPOUSE
ADOPTED CHILD

ILLEGITIMATE TESTATOR:
> IF AN ILLEGITIMATE TESTATOR DIED WITHOUT DESCENDANTS, OR SURVIVING SPOUSE, THE ONLY
COLLATERALS WHO CAN INHERIT FROM HIM ARE BROTHERS AND SISTERS. NEPHEWS AND NIECES (ART. 993
AND 994)
AN ILLEGITIMATE CHILD CANNOT INHERIT AB INTESTATO FROM THE LEGITIMATE CHILDREN AND RELATIVES OF
HIS FATHER AND MOTHER, NOR SALL THE LATTER INHERIT IN THE SAME MANNER
Ex. Survivors:
Surviving spouse
Legitimate child
(60,000)
The rule that the share of surviving spouse shall be the same as the share of one legitimate child, applies
when there are 2 or more legitimate children. Nevertheless, if there is only 1 legitimate child, art 996 should
be read and applied as follows: if the widower or widow and a legitimate child are left, the SS has the same
share as that of the LC. (applying the rule on statutory construction that plural includes the singular)
(B) Ex. Survivors: (if art998 to apply literally)
Surviving spouse -
Legitimate child -
Illegitimate children -
(72000)

However, the rule if the widower or widow and a legitimate child are left, the SS has the same share as that of
the LC cannot be applied literally if together with the SS and 1LC, ILC concurred with them and the latter will
be deprived of their legitime ( under the principle of compulsory succession, descendants whether legitimate
or not, in testamentary or intestate succession, the legitime of CHs cannot be impaired)
LC 1/2
SS 1/4
ILC (the remaining shall be divided among them in equal shares)