WHEN SURVIVING ALONE
1. COMPULSORY HEIR(S) ALWAYS 1/2 OF THE HEREDITARY ESTATE
EXCEPT: surviving spouse when the marriage was
solemnized in articulo mortis and the deceased died within 3
months from the time of marriage, LEGITIME IS 1/3 of the
estate.
EXCEPTION TO THE EXCEPTION: when the parties had been
living together for more than 5 years before the marriage, the
LEGITIME IS 1/2 of the estate.
1 LC/D 1/2
SURVIVING SPOUSE 1/4
free portion: 1/4
SEVERAL LC/D 1/2 (divided among them in equal shares)
SURVIVING SPOUSE equal to the share of one LC/D
free portion: remainder
ONE LC/D 1/2 of the estate
SEVERAL ILC/D Each ILC is entitled to half of the share of one LC. If the FP is
not sufficient, ILC shall divide the FP equally among themselves.
SEVERAL LC/D 1/2 ( IN EQUAL PORTION)
SEVERAL ILC EACH IS ENTITLED TO HALF OF THE SHARE OF ONE LC.
If the FP is not sufficient, ILC shall divide the FP equally among
themselves
ONE LC 1/2
SURVIVING SPOUSE 1/4
SEVERAL ILC Each is entitled to half of the share of one LC. If the FP is not
sufficient to cover the share of the SS and ILC, the share of the
SS shall take preference. ILC shall divide the FP equally among
themselves
SEVERAL LC 1/2 (DIVIDED EQUALLY)
SURVIVING SPOUSE equal to share of one LC
SEVERAL ILC Each shall be entitled to half of the share of one LC.
LEGITIMATE PARENT 1/2
SURVIVING SPOUSE 1/4
FP= 1/4
LEGITIMATE PARENT/ASC 1/2
ILLEGITIMATE CHILDREN 1/4 (DIVIDED IN EQUAL SHARES)
ILLEGITIMATE PARENTS ILLEGITIMATE PARENTS ARE EXCLUDED BY
ILLEGITIMATE CHILDREN DESCENDANT WHETHER LEGITIMATE OR
ILLEGITIMATE.
LEGITIMATE PARENTS 1/2
SURVIVING SPOUSE 1/8
ILLEGITIMATE CHILDREN 1/4
ILLEGITIMATE PARENTS 1/4
SURVIVING SPOUSE 1/4
SURVIVING SPOUSE 1/3
ILLEGITIMATE CHILDREN 1/3
FP= 1/3
INTESTATE SUCCESSION
Those in the direct descending line excludes those in the ascending line and collateral relatives.
Legal succession pertains in the first place, to the ascending line.
Surviving spouse and illegitimate children are not excluded by the direct descending line.
In the absence of legitimate descendant and ascendants, the presence of illegitimate children shall result in the exclusion of
collateral relatives of the deceased including brothers and sisters. Surviving spouse do not exclude however the illegitimate
child.
Surviving spouse excludes the other collateral relatives EXCEPT the brother, sisters, nephews and nieces.
Brothers, sisters, nephews and nieces are excluded by descendants, ascendants or illegitimate children.
Absence of BSNN is a precondition to the other collateral relatives (within the 5th degree) being called into succession.
Relatives nearest in degree shall excludes the more remote ones. Relatives in the same degree shall inherit in equal shares ( rule
on equal division)
EXCEPT:
(1) Brothers/sisters (full blood): inherits to a share double that of the half blood.
Brothers/sisters (half blood)
(2) Should there be ascendants in both lines: 1/2 will go to the paternal and 1/2 will go to the maternal.
(3) In case of right of representation
RIGHT OF REPRESENTATION:
No right of representation in the ascending line. Should both parents survived, both shall inherit in equal shares. If only one, the
surviving pat shall inherit the entire share of the ascendants.
Among the collateral relatives, the rule on proximity applies. But the presence of BSNN shall result in the exclusion of the other
collateral relatives. Right of representation applies in nephews and nieces if they survived with their uncles or aunties( BS of the
deceased) . Otherwise they inherit in their own right. However in case of full or half blood BSNN, full blood shall inherit
double than that of half blood BSNN.
ROR takes place only in inheritance conferred by law.
in intestate succession; or
in testate succession with respect to LEGITIME
Sharing is per stirpes
ROR takes place in the direct descending line and never in the ascending line.
In collateral relatives, ROR takes place in the children of brothers or sisters. But only in cases when they NN survives together
with BS.
A person who repudiates cannot be represented.
ORDER OF INTESTATE SUCCESSION (to a legitimate child)
1. Legitimate children and descendants
2. Legitimate parents or ascendants
3. Illegitimate children and descendant
4. Surviving spouse
5. Brothers and sisters, nephews and nieces
6. Other collateral relatives
7. State.
Illegitimate children concur with surviving spouse and legitimate children/descendant.
LEGITIMATE CHILDREN (2x) Legitimate children are entitled to double the share of that of
ILLEGITIMATE CHILDREN (x) illegitimate children. Following 2x: x formula.
If the distribution will result in the impairment of legitime of the
legitimate children (which is 1/2 of the estate), satisfy first the
legitime of the legitimate children.
SURVIVING SPOUSE The surviving spouse shall have the same share as that of one of
LEGITIMATE CHILDREN/DESCENDANT the legitimate children.
SURVIVING SPOUSE (2x) The surviving spouse shall have the same share as that of one of
LEGITIMATE CHILDREN/DESCENDANT(2x) the legitimate children. The share of illegitimate children shall
ILLEGITIMATE CHILDREN (x) be 1/2 of the share of each legitimate children.
If the distribution will result in the impairment of legitime of the
legitimate children (which is 1/2 of the estate), the estate should
simply be distributed following the rules on legitime. The share
of the surviving spouse shall enjoy preference over that of
illegitimate children.
LEGITIMATE PARENT/ ASCENDANT Can inherit ab intestado in default of legitimate children and
descendants, including adopted children.
But concurs with surviving spouse and illegitimate children.
Note: in rule on legitime, the share of Leg. Parent is 1/2
SURVIVING SPOUSE 1/2 and share of SS is 1/4. Thus In case there is devisee or
LEGITIMATE PARENTS/ASCENDANTS 1/2 legacies, such disposition shall be charged against the
share of the SS, without impairing the latter’s legitime.
Note: in rule on legitime, the Leg. Parents are entitled
LEGITIMATE PARENTS/ASCENDANT 1/2 to 1/2, illeg. Children 1/4 and the SS only 1/8. Thus In
SURVIVING SPOUSE 1/4 case there is devisee or legacies, the legitime of SS shall
ILLEGITMATE CHILDREN 1/4 not be impaired.
Note: in case of partial intestacy, the legitime of SS is
SURVIVING SPOUSE 1/2 1/3 and ILC is 1/3. In case there is devisee, legatee or
ILLEGITIMATE CHILDREN 1/2 other testamentary disposition, they must be taken in the
intestate share without impairing the legitimes.
SURVIVING SPOUSE 1/2 SS excludes other collateral relatives.
BROTHERS, SISTERS, NEPHEWS AND NIECES 1/2
OTHER COLLATERAL RELATIVES (up to 5th degree; rule on In the absence of BSNN. No right of representation.
proximity applies)
ORDER OF INTESTATE SUCCESSION:
1. LEGITIMATE CHILDRE/DESCENDANT
2. ILLEGITIMATE CHILDREN
3. ILLEGITIMATE PARENTS
4. SURVIVNG SPOUSE: may concur with BSNN (illegitimate. Otherwise, iron clad rule.)
5. STATE
RIGHT OF ACCRETION
Accretion in testate succession: Repudiation, incapacity, or predecease.
If there is a designated substitute, no ROA
Among the compulsory heirs, ROA shall take place only with respect to the free portion not to legitime. In case of repudiation,
the other co-heirs shall succeed to it in their own right and not by ROA
Accretion in intestate succession: repudiation, predecease and incapacity.
