Claiming your mother’s share in the estate left by deceased grandparents

Dear PAO,

My grandparents were married and they owned a small property in Manila. They both died in 2015. My
mother and her two sisters are the only children of my grandparents; however, my mother died in 2016
without the three of them having divided the property among them. I want to ask if I have a right to
claim from the estate of my grandparents given that I am the only child of my mother and I am
legitimate as my parents were married, though my father passed away when I was still a minor. The
problem is, my grandparents have no last will and testament. Neither does my mother. So, I do not
know if I can claim anything. Please advise me on this matter.

Best regards,

Zyra

Dear Zyra,

Upon the death of a person, his properties, rights and obligations are transmitted to another person
either by will or by operation of law. To be clear, Article 774 of the New Civil Code of the Philippines
defines succession as “a mode of acquisition by virtue of which the property, rights and obligations to
the extent of the value of the inheritance, of a person are transmitted through his death to another or
others either by his will or by operation of law.”

In connection thereto, Articles 887 and 979 of our New Civil Code provide:

“Art. 887. The following are compulsory heirs:

“(1) Legitimate children and descendants, with respect to their legitimate parents and ascendants;

(2) In default of the foregoing, legitimate parents and ascendants, with respect to their legitimate
children and descendants;

(3) The widow or widower;

(4) Acknowledged natural children, and natural children by legal fiction;

(5) Other illegitimate children referred to in Article 287.

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Art. 979. Legitimate children and their descendants succeed the parents and other ascendants, without
distinction as to sex or age, and even if they should come from different marriages.”

Accordingly, the property of your grandparents in Manila was, by operation of law, transferred to your
mother and her sisters at the time of your grandparents’ demise in 2015, given the fact that there is no
last will and testament and that they are the latter’s only lawful surviving heirs. The said property shall
be distributed equally among them, taking into account the provision of Article 980 of the law: “The
children of the deceased shall always inherit from him in their own right, dividing the inheritance in
equal shares.”

For the same legal bases of Articles 887 and 979 of the New Civil Code, we submit that you may claim
your mother’s share in the estate left by your late grandparents. The fact that your mother passed away
in 2016 does not deny her, through her own compulsory heir, of the right over her share in the estate of
her late parents. Let us not lose sight of the fact that her right to her inheritance became complete the
moment your grandparents passed away. Such right continues even after her demise but through her
own compulsory heir, which is you since you are her only surviving heir.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely
on the facts you have narrated and our appreciation of the same. Our opinion may vary when other
facts are changed or elaborated.