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Table of Legitimes and Intestate

This document provides a comparative table summarizing the legitime and intestate shares of various surviving heirs under Philippine law. The table lists the surviving heir and their corresponding legitime share, which is the portion of the estate they are entitled to regardless of the provisions of the will, and intestate share, which is the portion they would receive if there is no valid will. It shows how the legitime and intestate shares are calculated and distributed for legitimate and illegitimate spouses, children, parents and other heirs in different scenarios.

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958 views2 pages

Table of Legitimes and Intestate

This document provides a comparative table summarizing the legitime and intestate shares of various surviving heirs under Philippine law. The table lists the surviving heir and their corresponding legitime share, which is the portion of the estate they are entitled to regardless of the provisions of the will, and intestate share, which is the portion they would receive if there is no valid will. It shows how the legitime and intestate shares are calculated and distributed for legitimate and illegitimate spouses, children, parents and other heirs in different scenarios.

Uploaded by

gentlejosh_316
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Posted below is a comparative table of legitimes and intestate shares.

Surviving heir

Legitime

Intestate share


Illegitimate children

Surviving spouse
1/3

1/3

(Remaining 1/3 is free portion; Art. 894,
NCC)
1/2

1/2
Illegitimate children

Surviving spouse

Legitimate parents
1/4

1/8

1/2

(Art. 899, NCC; testator may freely dispose
of the remaining 1/8 of the estate.)
1/4

1/4

1/2
Illegitimate children

Legitimate parents
1/4

1/2
1/2

1/2
Legitimate parents

Surviving spouse
1/2

1/4 (taken from the free portion)

(Art. 893, NCC)
1/2

1/2
Illegitimate parents

Surviving spouse
1/4

1/4
1/2

1/2
Illegitimate children alone 1/2 (divided by number of illegitimate
children)

Remainder is free portion (Art. 901, NCC)
All
Legitimate parents alone 1/2; remaining half is free portion (Arts. 889
and 890, NCC)
All
Illegitimate parents alone 1/2 All
Surviving spouse alone 1/2, 1/3, 1/2 (Art. 900, NCC) All
Legitimate children (or their
descendants) alone
1/2 (divided by the number of children)

Remaining half is free portion (Art. 888,
NCC)
All
One legitimate child (or
descendant)

Surviving spouse
1/2


1/4

Remaining 1/4 is free portion (Art. 892,
NCC)
1/2


1/2
Two or more legitimate
children (or their
descendants)



Surviving spouse
1/2 (divided by the number of children)



Equal to the share of one child

Remainder is free portion (Art. 892, NCC)

Consider spouse as 1
legitimate child and
divide estate by total
number
Legitimate child

Illegitimate child
1/2

1/2 of each legitimate child (Art. 176, Family
Code)

Remainder is free portion (Art. 892, NCC)
Please readArticle 176 of
the Family Code:
computing the legitimes
of legitimate and
illegitimate children; an
illegitimate child gets
one-half)
Surviving spouse





Brothers and sisters
(nephews and nieces, in case
of deceased siblings)
1/2 (remaining half is free portion; Art. 900,
NCC)


Not entitled to anything since they are not
compulsory heirs; testator may choose to
give them something out of the free portion
1/2





1/2 (divided by the
number of brothers and
sisters; nephews and
nieces of deceased
siblings divide among
themselves the share
that should have to their
parents)

Art. 1001, NCC

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