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Table of Legitime

This document compares the legitime and intestate shares of surviving heirs under Philippine law. The legitime is the compulsory portion of an estate that cannot be disposed of by will, while intestate shares are what heirs are entitled to if there is no valid will. It lists the various surviving heirs and their entitlements in both cases, such as illegitimate children receiving 1/3 of the legitime and 1/2 of the intestate share if the surviving spouse is also an heir. Brothers and sisters are not compulsory heirs and have no legitime entitlement.

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Marj Lo
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127 views3 pages

Table of Legitime

This document compares the legitime and intestate shares of surviving heirs under Philippine law. The legitime is the compulsory portion of an estate that cannot be disposed of by will, while intestate shares are what heirs are entitled to if there is no valid will. It lists the various surviving heirs and their entitlements in both cases, such as illegitimate children receiving 1/3 of the legitime and 1/2 of the intestate share if the surviving spouse is also an heir. Brothers and sisters are not compulsory heirs and have no legitime entitlement.

Uploaded by

Marj Lo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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COMPARATIVE TABLE OF LEGITIMES AND INTESTATE SHARES

Intestate share
Surviving heir
Legitime

Illegitimate children 1/3 1/2

Surviving spouse 1/3 1/2

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


NCC)

Illegitimate children 1/4 1/4

Surviving spouse 1/8 1/4

Legitimate parents 1/2 1/2

(Art. 899, NCC; testator may freely


dispose of the remaining 1/8 of the
estate.)

Illegitimate children 1/4 1/2

Legitimate parents 1/2 1/2

Legitimate parents 1/2 1/2

Surviving spouse 1/4 (taken from the free portion) 1/2

(Art. 893, NCC)

Illegitimate parents 1/4 1/2

Surviving spouse 1/4 1/2

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


children)

Remainder is free portion (Art. 901,


NCC)

Legitimate parents alone 1/2; remaining half is free portion (Arts. All
889 and 890, NCC)
Illegitimate parents alone 1/2 All

Surviving spouse alone 1/2, 1/3, 1/2 (Art. 900, NCC) All

Legitimate children (or their 1/2 (divided by the number of children) All
descendants) alone
Remaining half is free portion (Art. 888,
NCC)

One legitimate child (or descendant) 1/2 1/2

Surviving spouse
1/4 1/2

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


NCC)

Two or more legitimate children (or 1/2 (divided by the number of children) Consider spouse as
their descendants) 1 legitimate child
and divide estate by
total number
Equal to the share of one child
Surviving spouse
Remainder is free portion (Art. 892,
NCC)

Legitimate child 1/2 Please read Article


176 of the Family
Illegitimate child 1/2 of each legitimate child (Art. 176, Code: computing
Family Code) the legitimes of
legitimate and
Remainder is free portion (Art. 892, illegitimate children;
NCC) an illegitimate child
gets one-half)

Surviving spouse 1/2 (remaining half is free portion; Art. 1/2


900, NCC)

Brothers and sisters (nephews and Not entitled to anything since they are 1/2 (divided by the
nieces, in case of deceased siblings) not compulsory heirs; testator may number of brothers
choose to give them something out of and sisters;
the free portion nephews and nieces
of deceased siblings
divide among
themselves the
share that should
have to their
parents)

Art. 1001, NCC

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