Succession Research

Succession etymology
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English word succession comes from Latin

successio (Succession. Successors
(collectively).)
You can also see our other etymologies for the English
word succession. Currently you are viewing the
etymology of succession with the meaning: (Noun)
(obsolete, rare) The person who succeeds to rank or
office; a successor or heir.. A group of rocks or strata
that succeed one another in chronological order.. A
passing of royal powers.. A [...](obsolete, rare) The
person who succeeds to rank or office; a successor or
heir.. A group of rocks or strata that succeed one
another in chronological order.. A passing of royal
powers.. A [...]
Detailed word origin
of succession
Dictionary
Language Definition
entry
successio Latin (lat) Succession. Successors (collectively).
Old
succession
French (fro)
(obsolete, rare) The person who succeeds to rank or office; a successor or heir
succession English (eng) one another in chronological order.. A passing of royal powers.. A sequence o
sequence.
Statutory succession means the order in which

benefits are paid: spouse, children, parents,
and estate.
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CHARACTERISTICS OF SUCCESSION:
1. Mode of acquisition
2. The property, rights & obligations to the extent of the value of the inheritance transmitted
3. The transmission takes place only by virtue of death
4. The transmission takes place either by will or by operation of law
5. The transmission to another
REQUISITES FOR TRANSMISSION OF RIGHT TO SUCCESSION (or more correctly stated, time of vesting
of the successional right):
1. Death of the decedent
2. Express will of the testator calling succession and/or provision of law prescribing successors
3. Rights or properties are transmissible
4. Transferee is still alive (didn’t predecease)
5. Transferee is capacitated to inherit
6. Acceptance of the inheritance by the successor
KINDS OF SUCCESSION:
1. Testamentary – succession by will
2. Intestate – succession in default of a will
3. Mixed
Treatment of accruals under the laws of succession:

1. a. Article 793 refers to accruals after the making of the will
b. Article 781 refers to accruals after the death of the testator
1. a. Article 793 accruals don’t always pertain to the testate heirs
b. Article 781 accruals will always pertain to the testate heirs
Will – an act whereby a person is permitted, with the formalities prescribed by law, to control, to a
certain degree the disposition of his estate, to take effect after his death.
Validity of wills
Extrinsic For Filipinos
For Foreigners
1. Governing law as to time
Article 795 – law in force when will was executed
Same rule (assumption: will is being probated here)
2. Governing law as to place
Law of citizenship
Law of citizenship
Law of domicile
Law of domicile
Law of residence
Law of residence
Law of place of execution
Law of place of execution
Philippine law
Philippine law
Intrinsic For Filipinos
For Foreigners
1. Governing law as to time
Article 2263 – law at time of death
Article 16, Article 1039 – depends on personal law
2. Governing law as to place
Article 16, Article 1039 – Philippine law
Article 16, Article 1039 – national law
Testamentary Capacity
1. All persons not expressly prohibited by law
2. 18 years old and above
3. Sound mind
2 Kinds of Wills:
1. Notarial will – Articles 804-806, & 807-808 in special cases
2. Holographic – Articles 804 & 810
Common requirements that apply to the 2 kinds of wills 1. In writing
2. In a language or dialect known to the testator
REQUISITES FOR VALID NOTARIAL WILL:
1. In writing
2. Executed in a language or dialect known to the testator
3. Subscribed by the testator himself or by the testator’s name written by some other person in his
presence & under his express direction at the end thereof, at the presence of witnesses
4. Attested & subscribed by at least 3 credible witnesses in the presence of the testator and of one
another
5. Each & every page must be signed by the testator or by the person requested by him to write is
name, & by instrumental witnesses in the presence of each other, on the left margin
6. Each & every page of the will must be numbered correlatively in letters placed on the upper part
of each page
7. Must contain an attestation clause, stating the following:
1. The number of pages of the will
2. Fact that the testator signed the will & every page in the presence of witnesses, or
caused some other person to write his name under his express direction
3. All witnesses signed the will & every page thereof in the presence of the testator & of
one another
8. Must be acknowledged before a notary public

Additional requisite if deaf or mute:
Must either:
1. Read will personally, if able to do so;
2. Otherwise, he shall designate 2 persons to read it & communicate to him the contents
Additional requisite if blind:
Will shall be read to him twice:
1. Once by one of the subscribing witnesses
2. Once by the notary public before whom it is acknowledged
REQUISITES OF HOLOGRAPHIC WILL:
1. In writing
2. Executed in a language or dialect known to the testator
3. Entirely written, dated & signed by the hand of the testator himself
AMENDING A WILL:
1. Notarial will can only be amended through a codicil
2. Holographic will can be amended in 3 ways:
1. Dispositions may be added below the signature, PROVIDED that said dispositions are
also dated & signed & everything is written by the hand of the testator himself
2. Certain dispositions or additional matter may be suppressed or inserted PROVIDED that

sad cancellation is signed by the testator & is written by the testator himself (no need to
be detailed)
3. Executing a codicil which may either be notarial or holographic
Effect of cancellation, addition insertion), or erasure on the validity of the will
1. If made by the hand of the testator & authenticated by him: alters the will without affecting its
validity
2. If made by the hand of the testator but was not authenticated by him: deemed as if not written
at all
3. If made by testator but not handwritten: entire will is nullified
4. By a stranger & the testator has authenticated the same: entire will is nullified
5. Made by a stranger but not authenticated by the testator: deemed as if not written at all
What is a codicil? It is a supplementary or addition to a will, made after the execution of the will &
annexed to be taken as part by which any disposition in the original will may be explained, added to or
altered.
Qualifications of a witness and a testator:
Witness Testator
1. At least 18 years old
2. Physically fit (not deaf, dumb, blind)
3. Literate, able to read and write
4. No prior conviction for perjury/false testimony/falsification
5. Not the notary public before whom the will is acknowledged
6. Sound mind
7. Domiciled in the Philippines
1. Same
2. May be blind, deaf or deaf-mute
3. No literacy requirement
4. No such requirement
1. Same
REVOCATION OF A WILL:
1. By implication of law
2. By the execution of a documentation with all the requisites of a will
3. By the physical act of destruction coupled with the intent to revoke
PROBATE – It is a the special proceeding by which the validity of a will maybe established
Matters to be proved in a probate:
1. Whether the instrument which is offered for probate is the last will and testament of the
decedent
2. Whether the will has been executed in accordance with the formalities prescribed by law
3. Whether the testator had testamentary capacity at the time of the execution of the will
GROUNDS FOR DISALLOWANCE OF A WILL:
1. The testator did not possess testamentary capacity at the time of execution
2. The testator failed to comply with prescribed formalities
3. The execution of the will is attended by a vice of consent
INSTITUTION OF HEIR – an act by virtue of which a testator designates in his will the person or persons
who are to succeed him in his property and transmissible rights and obligations
Requisites for a valid institution of heir:
1. Designation in will of person/s to succeed
2. Will specifically assigns to such person an inchoate share in the estate
3. The person so named has capacity to succeed
4. The will is formally valid
5. No vice of consent is present
6. No preterition results from the effect of such will
3 principles in the institution of heirs:
1. Equality: heirs who are instructed without a designation of shares inherit in equal parts
2. Individuality: heirs collectively instituted are deemed individually named unless contrary intent
is proven
3. Simultaneity: when several heirs are instituted, they are instituted simultaneously & not
successively
Rules regarding a person’s right to dispose of his estate:
1. If one has no compulsory heirs:
1. He can give his estate to any person qualified to inherit under him
2. However, he must respect restrictions imposed by special laws
2. If one has compulsory heirs:
1. He can give only the disposable portion to strangers
2. Legitimes of compulsory heirs must be respected
PRETERITION:
1. There must be an omission of one, some or all of the heir/s in the will
1. The omission must be that of a COMPULSORY HEIR
2. Compulsory heir omitted must be of the DIRECT LINE
3. The omitted compulsory heir must be LIVING at the time of testator’s death or must at least
have been CONCEIVED before the testator’s death
Effects of preterition:
1. The institution of heirs is annulled
2. Devises & legacies shall remain valid as long as they aren’t officious
DISINHERITANCE – It is the act by which the testator, for just cause, deprives a compulsory heir of his
right to the legitime.
Preterition vs. Disinheritance Disinheritance Preterition
Express deprivation of legitime
Tacit deprivation of legitime
Always voluntary
May also be voluntary but is presumed to be involuntary (as it’s an omission to mention as an heir or
though mentioned, isn’t instituted as an heir)
Legal cause is present
Presumed by law to be a mere oversight
Even a compulsory heir may be totally excluded
Compulsory heir is merely restored to his legitime
Requisites for a valid disinheritance
1. Heir disinherited must be designated by name or in such a manner as to leave no room for
doubt as to who it is intended
2. Disinheritance must be for a cause designated by law
3. It must be made in valid will
4. It must be made expressly, stating the cause in the will itself
5. Cause must be certain & true, & must be proved by interested heirs if the person disinherited
should deny it
6. It must unconditional
7. Must be total
Summary of causes of disinheritance Grounds for disinheritance
Children/
Descendants
Parents/
ascendants
Spouse
Unworthiness
Guilty/convicted of attempt against life of testator/ spouse/ ascendant/ descendant
Grounds for disinheritance
Children/
Descendants
Parents/
ascendants
Spouse
Unworthiness
Accused testator/ decedent of crime punishable by imprisonment of more than 6 years, found
groundless, false
Causes testator/ decedent to make will or change one by fraud, violence, intimidation, or undue
influence
Unjustified refusal to support testator
*
*
Convicted of adultery or concubinage with spouse of testator / decedent
Maltreatment of testator by word & deed
Leading a dishonorable or disgraceful life
*
8
Conviction of crime which carries penalty of civil interdiction
Abandonment of children or inducing children to live corrupt and immoral life or attempted against
virtue
10
Loss of parental authority
11
Attempt by one parent against life of the other UNLESS there’s reconciliation between parents
*
12
Spouses given cause for legal separation
13
Failure to report violent death of decedent within 1 month, unless authorities have already taken action
14
Force, violence, intimidation or undue influence to prevent another from making a will or revoking one
already made or who supplants or alters the latter’s will
*
15
Falsifies or forges a supposed will of the decedent
Causes of vacancy in succession:
1. The testator creates it himself – disinheritance
2. The does something – repudiates
3. Something happens to the heir – incapacitated / predecease
How are vacancies filled:
1. Substitution
2. Representation
3. Accretion
Classes of substitution 1. Singular or vulgar substitution
a. Simple
b. Brief
c. Compendious
d. Reciprocal
2. Fideicommissary Substitution
FIDEICOMMISSARY SUBSTITUTION – A substitution is a fideicommissary substitution if the testator

institutes an heir with an obligation to deliver to another the property so inherited. The heir instituted
to such condition is called the first heir or fiduciary heir, the one to receive the property is the
fideicommissary or second heir.
Requisites of a fideicommissary substitution:
1. A 1st heir or fiduciary is first called to the enjoyment of the property so inherited
2. A 2nd heir or fideicommissary substitute
3. An obligation clearly imposed on the fiduciary to preserve & transmit the property to a
fideicommissary substitute
4. The substitution doesn’t go beyond the 1st degree of the fiduciary
5. The fideicommissary substitution is made expressly
6. Both the fiduciary & the fideicommissary substitute are living or at least conceived at the time of
the death of the testator
7. The fideicommissary substitution is imposed on the free portion of the estate & not on the
legitime
LEGITIME - It is that part of the testator’s property which he cannot dispose of because the law has
reserved it for certain heirs called compulsory heirs.
Different classes of heirs:
1. Voluntary heirs – succeed by virtue of a will
2. Legal or intestate heirs – succeed by operation of law in the absence of a will
3. Compulsory heirs – succeed because the law reserved for them
Classes Compulsory Heirs:
1. Primary
1. Legitimate children & their descendants (legitimate)
2. Surviving spouse (legitimate)
3. Illegitimate children & their descendants (legitimate or illegitimate)
2. Secondary
1. Legitimate parents & ascendants (legitimate) – inherit only in default of 1a
2. Illegitimate parents (no other ascendants) – inherit only in default of 1a & 1c
Summary of legitimes of compulsory heirs:
Surviving relatives
Legitimate children & descendants
Surviving spouse
Illegitimate children
Legitimate parents & ascendants
Illegitimate parents
Legitimate children alone
½ (divided by the # of children)
1 legitimate child surviving spouse
Surviving relatives
Legitimate children & descendants
Surviving spouse
Legitimate parents & ascendants

Legitimate children
Surviving spouse
½ (divided by no. of children)
Same as the share @ legit child
Legitimate children
½ of the share of @ legit child
1 legitimate child surviving spouse illegitimate children

2 or more legitimate children surviving spouse Illegitimate children
Same as the share of @ legit child
Legitimate parents alone
Legitimate parents
Legitimate parents
Surviving spouse
Legitimate parents
Surviving spouse
1/8
Illegitimate children alone

Surviving spouse
1/3
1/3 (divided by no. of children)
Surviving spouse alone
½ or 1/3 if marriage in articulo mortis
Illegitimate parents alone
Surviving spouse
Remedy of compulsory heir in case of impairment of legitime:
1. If the impairment is total them there may be preterition if the compulsory heir preterited is either an
ascendant or descendant. Article 854 would come into play (annulment of institution of heir &
reduction of devises and legacies)
2. If the impairment is partial, then the compulsory heirs is entitled to completion of legitime under
Article 906
3. If the impairment is thru donation, then remedy is collation.
RESERVA TRONCAL – It is that part of the decedent’s property that an ascendant, who inherits by
operation of law from his descendants which the latter may have acquired by gratuitous title from
another ascendant or sibling, is obliged by law to reserve such property for the benefit of 3rd degree
relatives who belong to the line from which the property which otherwise will go to certain specific heirs
but which law reserves to certain predetermined heirs.
Order of payment in case estate is INSUFFICIENT to cover legacies & devises

1. Remuneratory legacies or devises
2. Preferential legacies or devises declared by testator
3. Legacies for Support
4. Legacies for Education
5. Legacies or devises for Specific, determinate thing
6. All others, pro-rata
Causes for legal or intestate succession
1. Person dies without a will
2. Person dies with void will
3. Person dies with a will that subsequently loses validity
4. Will doesn’t institute an heir or institution is void
5. Will doesn’t dispose of ALL property belonging to the testator
6. Suspensive condition attached to the institution of the heir doesn’t happen or isn’t fulfilled
7. Heir predeceases, or repudiates the inheritance
8. Incapacity of the heir
2 fundamental underlying principles in legal or intestate succession
1. Rule of Proximity – nearer exclude the more remote
2. Rule of Equal Division – equal division within the same group
Grounds when the right of representation will be available:

1. Disinheritance
2. Incapacity
3. Predecease
Who can exercise right of representation
1. Intestate succession only: heirs in the collateral line, but only in favor of the children of siblings
2. Both testate & intestate succession: heirs in the descending line, NEVER in the ascending line
Order of Intestate succession of a legitimate child, an illegitimate child and an adopted child
Legitimate Child Illegitimate Child
Adopted Child 1
Legitimate child and legitimate descendants
legitimate child & legitimate descendants
legitimate child & legitimate descendants
Legitimate parents & legitimate ascendants
illegitimate children & legitimate or illegitimate descendants
illegitimate children & legitimate or illegitimate descendants
Illegitimate children & left or illegitimate descendants
illegitimate parents
legitimate or illegitimate parents & legitimate ascendants, adoptive parents

4
Surviving spouse
surviving spouse
surviving spouse
Legitimate siblings, nephews, nieces
illegitimate siblings, nephews, nieces
siblings, nephews, nieces
Legitimate collateral relatives
State
State
State
Order of succession & concurrence in intestate succession Intestate Heir Excludes
Excluded By Concurs With
Legitimate children & Legitimate descendants
Ascendants, collaterals & state
No one
Surviving spouse
Illegitimate children & Descendants
Illegitimate parents, collaterals & state
No one
Surviving spouse
Legitimate children & legitimate parents
Legitimate parents & legitimate descendants
Collaterals & state
Legitimate children
Illegitimate children & surviving spouse
Collaterals & state
Legitimate children & illegitimate children
Surviving spouse
Surviving spouse
Collaterals other than siblings, nephews and nieces
No one
Legitimate children
Legitimate parents & Illegitimate parents

Siblings, nephews nieces
All other collaterals & state
Legitimate children, illegitimate children,
Legitimate parents & illegitimate parents
Surviving spouse
Other collaterals within 5th degree
Collateral remoter in degree & state
Legitimate children
Legitimate parents
Illegitimate parents &
Surviving spouse
Collaterals in the same degree
State
No one
Everyone
No one
Summary of intestate shares:
1. Legitimate children & legitimate descendants alone

Intestate Heir Share As Legitime
Share as Free Disposal
Total Intestate Share
Legitimate children
TOTAL
1. One legitimate child and surviving spouse
Legitimate child
½
Surviving spouse
TOTAL
1. Legitimate children & surviving spouse
Legitimate children
Remaining portion of estate after paying
Whole estate divided equally between total number of children plus the surviving spouse
Surviving spouse
Same as share of @ legitimate child
Legitimes to be divided equally between total no. of children plus the surviving spouse
No. of children plus the surviving spouse
TOTAL
Varies on no. of children
1. Legitimate children & illegitimate children
Legitimate children
Remaining portion of estate after paying
Whole estate divided by the ration of 2 for each legitimate child
½ share of @ legitimate child
Legitimes to be divided by the ration of 2 for @ legitimate child, 1 for @ illegitimate child
1 for @ illegitimate child provided that legitimes wouldn’t be impaired
TOTAL

1. One legitimate child, illegitimate children, & surviving spouse
Legitimate child
Remaining portion of estate after paying legitimes to be divided by the ration of 2 for @ legitimate child,
1 for @ illegitimate child
Whole estate divided by the ratio of 2 @ legitimate child
Illegitimate child
½ share of @ legitimate child
Surviving spouse
& 2 for the surviving spouse
Legitimes wouldn’t be impaired
TOTAL
Varies depending on no. of illegitimate children
1. Legitimate children, illegitimate children & surviving spouse
Legitimate children
Remaining portion of estate, if any after paring legitimes to be divided by the ratio of 2 for @ legitimate
child
Whole estate divided by the ratio of 2 for @ legitimate child
½ share of @ legit child
Surviving spouse
& 2 for the surviving spouse

& 2 for the surviving spouse provided that legitimes won’t be impaired
TOTAL
1. Legitimate parents alone
Legitimate parents
TOTAL
1. Legitimate parents & illegitimate children

Legitimate parents
TOTAL
1. Legitimate parents & surviving spouse

Legitimate parents
Surviving spouse
1/8
1/8
TOTAL
1. Legitimate parents, surviving spouse & illegitimate children
1/3
1/6
½
Surviving spouse
1/8
1/8
1/4
TOTAL
7/8
1/8
1. Illegitimate children alone
Illegitimate children alone
½
½
TOTAL
1. Illegitimate children & surviving spouse
1/3
1/6
Surviving spouse
1/3
1/6
TOTAL
2/3
1/3
1. Surviving spouse
Surviving spouse
½ or 1/3
½ or 1/3
TOTAL
½ or 1/3
½ or 1/3
1. Illegitimate parents alone

1. Illegitimate parents & surviving spouse
Surviving spouse
¼
¼
TOTAL
1. Siblings, nephews & nieces alone
Siblings, nephews, nieces
TOTAL
1
1. Surviving spouse, siblings, nephews & nieces
Surviving spouse
Siblings, nephews, nieces
TOTAL
Requisites for accretion to take place:

1. Unity of object
2. Plurality of heirs
3. Some of the heirs cannot or are disqualified to accept (R.I.P)
4. Others are accepting &
5. There has been earmarking
Incapacity to succeed because of possible undue influence
1. Priest who heard confession during last illness & his relatives with thin the 4th degree & the
order, chapter, etc., to which the priest belongs
2. Guardian before final accounts have been approved EXCEPT if an ascendant, descendant, sibling,
spouse
3. Attesting witness to execution of will & their spouses, parents, children or any one claiming
under them
4. Physician, surgeon, nurse who took care of testator during his last illness
5. Individuals, associations, corporations not permitted by law to inherit
Validity and Effect of Legacy/Devise
Thing owned in part by testator (Article 929)
General Rule: Conveys only interest or part owned by testator
Exception: if testator otherwise provides –
a. He may convey more than what he owns - the state shld try to acquire the part or interest owned by
other parties. If other parties are unwilling to alienate, the estate should give the legatee/devisee the
monetary equivalent (analogy with Article 931)
b. He may convey less than what he owns (Article 794)
Thing owned by another (Articles 930-931)

General Rule:
a. If testator ordered acquisition of the thing - the order should be complied with. If the owner is
unwilling to part with the thing, the legatee/devisee should be given the monetary equivalent
b. If testator erroneously believed that the thing belonged to him - legacy/device is void
Exception: if testator acquire the thing onerously or gratuitously after making of the disposition,
disposition is validated
c. If testator knew that the thing did not belong to him but did not order its acquisition - code is silent
but disposition shld be considered valid (Balane & Tolentino) - there is an implied order to acquire &
doubts must be resolved in favor of intestacy
Thing already owned to the legatee/devisee (Articles 932-933)
a. If thing already belonged to legatee/devisee at time of execution of will – legacy/devise is void
b. If thing was owned by another person at time of making the will and thereafter it is acquired by
legatee/devisee –
1. If testator erroneously believed that he owned the thing – legacy /devise is void
2. If testator was not in error -
i. If thing was acquired onerously by L/D – L/D entitled to be reimbursed
ii. If thing was acquired gratuitously by L/D – nothing is due
iii. If thing was owned by testator at time will was made and L/D acquired the thing from him
thereafter – law is silent (Balane: deemed revoked)
Legacy/Devise to remove an encumbrance over a thing belonging to testator (Article 932 par 2)
Valid, if the encumbrance can be removed for a consideration
Legacy/Devise of a thing pledged or mortgaged (Article 934)
The encumbrance must be removed by paying the debt unless the testator intended otherwise
COLLATION - To collate is to bring back or to return to the hereditary mass, in fact or by fiction,
property which came from the estate of the decedent, during his lifetime, but which the law considers
as an adverse from the inheritance. It is the act by virtue of which, the persons who concur in the
inheritance bring back to the common hereditary mass the property which they have received from him,
so that a division may be effected according to law & the will of the testator.
Important periods to remember:
1 month or less before making a will
Testator, if publicly known to be insane, burden of proof is on the one claiming validity of the will
20 years
Maximum period testator can prohibit alienation of dispositions
5 years from delivery to the State
To claim property escheated to the State
1 month
To report knowledge of violent death of decedent lest he be considered unworthy
5 years from the time disqualified person took possession
Action for declaration of incapacity & for recovery of the inheritance, devise or legacy
30 days from issuance of order of distribution
Must signify acceptance/repudiation otherwise, deemed accepted
1 month form written notice of sale
Right to repurchase hereditary rights sold to a stranger by a co-heir
10 years
To enforce warranty of title/quality of property adjudicated to co-heir from the time right of action
accrues
5 years from partition
To enforce warranty of solvency of debtor of the estate at the time partition is made
4 years form partition
Action for rescission of partition on account of lesion
SUCCESSION
GENERAL PROVISION
Succession - is 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 law.
- Mode of transmitting ownership.
Basis of succession
Rights over property
The right of the family (intestate succession)
Eclectic theory – tries to harmonize the two principles – individual and social.
Kinds
1. Testamentary or testacy – by will or codicil
2. Legal or intestacy – operation of law, if the will is invalid
3. Mixed – partly by will and by legal
Elements
1. Subjective element (art. 775)

a. Decedent – applies to a deceased person whose property is transmitted whether he left a will or
not.
- Testator – a person who left a will
b. Inheritance – all property, rights and obligations of a person which are not extinguished by his
death. (776)
Obligations of the deceased are only up to the value of the inheritance left by him to his heirs. (it is right
to say that debts are not inherited; Estate – debts = inheritance)
In general, obligations are transmissible, unless purely personal like obligations between husband and
wife, and those non-transferrable by law or contract.
Example of rights extinguished by death
a. Personal rights like marital rights, parental authority, support, action for legal separation,
partnership, and agency.
b. Right to recognition of a legitimate or an illegitimate child.
Except when actions has already been filed. Also actions transmitted to heirs if child dies during minority
or a state of insanity. Heirs have 5 years to file the action. (173 FC)
Actions already commenced survives notwithstanding death of the party.id
Action for adoption is not extinguished by death of the adopter. (sec. 13. RA 8552)
c. Right to hold office or job, public or private.
d. Right of a lawyer to represent his client.
Rights to succession are transmitted from the moment of death of the decedent. (777)
1. Heirs become owners on date of the decedents’ death, although properties are delivered to
them later.
2. Both acceptance and repudiation retroact to the moment of death.
Inheritance includes not only transmissible rights and obligations at the time of death, but also those
accrued since the opening of the succession. (781)
HEIR - called to succession by will or operation of law; also one who succeeds by universal title or to all
or a fraction or aliquot part of the estate. May be;
Compulsory – those who succeed by force of law to some portion of inheritance in an amount
predetermined by law known as legitime.
Voluntary – those instituted by the testator in his will, to succeed to the inheritance or the
portion thereof of which the testator can freely dispose.
Compulsory heir can also be a voluntary heir of the free portion.
Devisee – one given a gift of real property in a will.
Legatee – one given a gift of personal property in a will.
This two preceding exist only in testamentary succession.
In preterition, an instituted heir gets nothing, while the legatee or devisee gets the property given
to him as long as the legitime is not impared.
Imperfect inheritance
After - acquired properties
Acceptance or non – repudation of successiona rights.

DUAL STATUS of HEIR
1. In a will, a compulsory heir may be given more than his legitime.
2. He is a compulsory heir with respect to the legitime. He is a voluntary heir with respect to the
excess.
3. If a compulsory heir dies ahead of the testator, the legitime goes to the child by representation.
The child of a voluntary heir who predeceases the testator gets nothing, because there is no
representation among voluntary heirs nor in the free portion.
The successor must
1. Survive the decedent
2. Willing to accept the inheritance
3. Capacitated to inherit
Inchoate rights = before the death of the decedent
It does not matter if the will is admitted, transmission is at the moment of death.
Condition – actual or personal
- Properties and rights are transmissible
- Transferee is alive.
Court only decide on the formality of the will
Death = estate = co-ownership = can validly dispose a share.
Investigation of paternity must be done during the lifetime of the parents.
Heirs may be sued
Declaration of heirship must be in the administration proceedings and not in a separate proceeding.
Court has no power to order to sell pending determination of validity of administration.
If heir is unduly deprived he has 2 yrs to act.
If the administrator sells it is also considered as the heir is selling. The heirs are not stranger to the
transaction.
Inventory = is not an incidental duty of the administrator, the administrator can solely be held liable.
Concealment of heir – can still file a claim because he is already an owner.
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Who Are Compulsory Heirs

Under Philippine Law?
by lawyerphilippinesadmin | Updated: May 11,
2023 | Blog, Estate Law, Wills & Inheritance
Inheritance
This article explains who Compulsory Heirs are

and how they may inherit under Inheritance
Law Philippines. Compulsory Heirs might also be
referred to as the Legal Heirs.
Compulsory Heirs are the Legal Heirs of the
deceased and are mandatory heirs under Inheritance
Law Philippines
Compulsory Heirs are the Legal Heirs of the
Deceased. It is a complex area of law and this
article acts only as a guide.
Inheritance Law Philippines dictates who heirs
are and who inherits, in all situations. The people
who inherit are called “Heirs” or “Tagapagmana”
in Filipino.
These Heirs, and the amount they inherit, are
determined by Philippine Inheritance law when
there is no Will, and even when there is a Will.
The law sets out how to divide an inheritance.
It is important to understand that a Last Will and
Testament can only dictate the Heir of the so-
called “Free Portion” of an Estate.
A Free Portion is the amount of the Estate left
over after the the Legal Heirs of the deceased
(the Compulsory Heirs) have been given their
share as per Inheritance Law Philippines.
I have provided examples below of most
Compulsory Heir situations and how to divide an
inheritance where an Estate is worth P1M.
These examples include sample calculations.
Note that these are only a guide as Compulsory
Heirs can be quite involved.
If you are looking for information about what
happens when the Legal Spouse of the
deceased is a foreigner you can read my
article: Can a Foreigner Inherit Land.
If you have any specific questions or concerns
about Last Will and Testaments or Inheritance
you can contact us.
Contents [hide]
Compulsory Heirs – Read this first
This important information will help you correctly
determine who the Legal Heirs of the Deceased
(or the Compulsory Heirs) are and what can
happen in your particular situation.
The Compulsory Heirs must inherit unless formally
Disinherited in a Probate case.
1. Wills must still follow the Inheritance Laws

Philippines on Compulsory Heirs. The so called
“Free-Portion” is the only part of the Estate that
the owner can give to whomever they wish.
Philippine Law dictates how to divide an
Inheritance.
2. Wills cannot remove Compulsory Heirs from
the Estate unless a court proceeding called
Disinheritance has been undertaken.
3. When a child has passed away before a
parent or grandparent, his children are entitled to
inherit through the Right of Representation.
However, the share those children inherit is only
the share of their parent, and not more than that.
4. If the parent has passed away, nephews and
nieces may inherit from their uncle or aunt who
have no children or Will through the Right of
Representation. However, the share the children
inherit is only the share of their parent, and not
more than that.
5. Legitimate, Illegitimate and Formally Adopted
children inherit in all situations. ‘Ampons’ do not
inherit unless formally adopted or unless they
are specified in the Will.
6. Remember that this is only a guide.
Compulsory Heirs can get complicated and it is
always best to talk to a lawyer to be sure.
Compulsory Heirs – When the

deceased has children
No 1 – 1 Legitimate child or
Legitimate children
A Legitimate child/children’s share of half of an Estate
is protected by the Inheritance Law of the Philippines
When there are Legal Heirs of deceased and a
Will:
 Legitimate child (or his children) – 1/2 of the Estate
 Illegitimate child (or his children) – 1/4 of the Estate
 Free portion – 1/4 of the Estate
Example: If the Estate is worth P1M, then the Legitimate
child must inherit P500,000 and the Illegitimate child must
inherit P250,000. The remaining P250,000 can be left to
whomever the Estate owner wants as stated in the Will.
Without a Will:
inherit P333,333.
No 2 – 1 Legitimate child & 1

Illegitimate child
How to divide an Inheritance when there is a
Legitimate & Illegitimate Child of the Deceased
Will:
inherit P250,000. The remaining P250,000 can be left to
whomever the Estate owner wants as stated in the Will.
Without a Will:
inherit P333,333.
No 3 – 1 Legitimate child &

How to divide an Inheritance when there is one
Legitimate Child plus Illegitimate Children of the
Deceased
Will:
 Illegitimate children (or his children) – 1/2 of the share of a
Legitimate child taken from the Free Portion. If the Free
Portion is not enough, then the Illegitimate children’s shares
are reduced equally.
 Free portion – None
child must inherit P500,000. If there are 2 Illegitimate children,
then each would have P250,000. If there are 3 Illegitimate
children, then each Illegitimate child would receive P166,666
or P500,000 divided by 3. If there are 4, then each Illegitimate
child would receive P125,000 or P500,000 divided by 4.
Without a Will:
 Legitimate child – 1/2 the Estate
 Illegitimate children (or their children) – 1/2 of the share of a
Legitimate child
Example: If there is 1 Legitimate child and 3 Illegitimate
children and the Estate is 1M, the Estate would be divided so
that the Legitimate child has 1/2 of the Estate (P500,000).
Although the Illegitimate children should each have 1/2 of the
share of the Legitimate child (P250,000 each) this is not
possible since it would exceed the amount of the Estate. The
Legitimate child’s share would be protected and the
Illegitimate children’s share would be reduced equally so that
each Illegitimate child receives P166,666.
No 4 – Legitimate children & 1

Illegitimate child
How to divide an Inheritance when there are
Legitimate Children and one Illegitimate Child of the
Deceased
Will:
 Legitimate children (or their children) – 1/2 of the Estate
divided among them
 Illegitimate child (or his children) – 1/2 of the share of a
Legitimate child
 Free Portion – Remainder
Example: If the Estate is 1M and there are 4 Legitimate
children and 1 Illegitimate child, the Legitimate children would
each receive P125,000 which is half of the P1M estate or
P500,000. The Illegitimate child would receive half of the
share of a Legitimate child or P62,500. The remainder is
P437,500 (1,000,000 less P500,000 and less P62,500) and
can be given to whomever the Estate owner wishes as stated
in the Will (Free portion).
Without a Will:
 Legitimate child – Twice that of the Illegitimate child, with the
amount depending on how many Illegitimate children there
are.
Legitimate child
children and 1 Illegitimate child, then each Legitimate child will
inherit P222,222 and the Illegitimate child will inherit
P111,111.
No 5 – Legitimate children &

How to divide an Inheritance when there both
Legitimate and Illegitimate Children of the Deceased
Will:
divided among them
 Illegitimate children (or their children) – 1/2 of the share of a
Legitimate child taken from the Free Portion. If the Free
Portion is not enough, then the Illegitimate children’s shares
are reduced equally.
 Free Portion – Remainder
Example: If there are 4 Legitimate children and 2
Illegitimate children and the Estate is 1M, then each
Legitimate child receives P125,000 or half of the Estate
divided among them. The 2 Illegitimate children will receive
P62,500 each. The remainder of P375,000 is the Free Portion
and is given as stated in the Will.
Without a Will:
 Legitimate child – Twice that of the Illegitimate child, with the
amount depending on how many Illegitimate children there
are.
Legitimate child
Illegitimate children and the Estate is 1M, then each
Legitimate child receives P200,000. The 2 Illegitimate children
will receive P100,000 each.
No 6 – Illegitimate children
How to divide an Inheritance when there are only
Illegitimate Children
Will:
 Illegitimate children (or their children) – 1/2 of the Estate
divided amongst them
 Free Portion – 1/2 of the Estate
Example: If there are 4 Illegitimate children and Estate is
1M, then each Illegitimate child receives P125,000. The
remaining P500,000 is given to whomever the Estate owner
wishes as stated in the Will.
Without a Will:
 Illegitimate children (or his children) – all of the Estate divided
amongst them
Example: If there are 4 Illegitimate children and Estate is
1M, then each Illegitimate child receives P250,000.
When the Deceased has Children

& a Surviving Legal Spouse
No 7 – Surviving Legal Spouse & 1
Legitimate child (or his children):
How to divide an inheritance when there is a
Legitimate Child and a Legal Spouse
Will:
 One Legitimate child (or his children) – 1/2 of the Estate
 Surviving Legal Spouse – 1/4 of the Estate
Example: If the Estate is 1M, then the Legitimate child
receives P500,000 and the surviving Legal Spouse receives
P250,000. The rest is given to whomever the Estate owner
wishes as stated in the Will (Free Portion).
Without a Will:
 One Legitimate child (or his children) – 1/2 of the estate
 Surviving Legal Spouse – 1/2 of the estate
Example: If the Estate is 1M, then the Legitimate child
receives P500,000 and the surviving Legal Spouse receives
P500,000.
No 8 – Surviving Legal Spouse & 2 or

more Legitimate children (or their
children):
Legitimate Children and a Legal Spouse
Will:
divided among them
 Surviving Legal Spouse – same share as Legitimate children
and taken from the Free Portion.
 Free Portion – remainder of the Estate
children, each Legitimate child receives P250,000. If one of
the Legitimate children has already died, then that child’s
children (the grandchildren of the deceased) may inherit the
P250,000 in his place through the Right of Representation.
The surviving Legal Spouse receives P250,000. The
remaining P250,000 is given to whomever the Estate owner
wants as stated in the Will (Free Portion).
Without a Will:
 Legitimate children (or their children) – estate divided by the
number of the Legitimate children plus the Legal Spouse
 Surviving Legal Spouse – share equal to that of a Legitimate
child
children, each Legitimate child (or his children, if he is already
deceased) receives P333,333 and the surviving Legal Spouse
receives P333,333.

Legitimate child (or his children) & 1
Illegitimate child:
Legitimate Child, a Legal Spouse and an Illegitimate
Child
Will:
 Illegitimate child – 1/2 of the share of a Legitimate child taken
from the Free Portion
 Surviving Legal Spouse – 1/4 of the Estate from the Free
Portion
 Free Portion – none
Example: If the Estate is 1M, the Legitimate child receives
P500,000, the Illegitimate child receives P250,000 and the
surviving Legal Spouse receives P250,000.
Without a Will:
Portion
Example: If the Estate is 1M, the Legitimate child receives
P500,000, the Illegitimate child receives P250,000 and the
Legitimate child (or his children) & 2
or more Illegitimate children
Legitimate Child, a Legal Spouse and Illegitimate
Children

Will:
 Illegitimate children – 1/2 of the share of a Legitimate child
taken from the Free Portion
Portion
Example: If there is a surviving Legal Spouse, 1 Legitimate
child and 2 Illegitimate children and Estate is 1M, the
Legitimate child receives P500,000, the Illegitimate children
receive P125,000 each and the surviving Legal Spouse
receives P250,000. The Illegitimate children’s share would be
reduced if there are more than 2.
Without a Will:
taken from the Free Portion
 Surviving legal spouse – 1/4 of the Estate from the Free
Portion
Example: If there is a surviving Legal Spouse, 1 Legitimate
child and 2 Illegitimate children and Estate is 1M, the
Legitimate child receives P500,000, the Illegitimate children
receive P125,000 each and the surviving Legal Spouse
receives P250,000.

or more Legitimate children & 2 or
more Illegitimate children
Legitimate Children, a Legal Spouse and Illegitimate
Children
Will:
 Legitimate child (or his children) – 1/2 of the Estate divided
equally among them
from the Free Portion. If the Free Portion is not enough, then
the Illegitimate children’s shares are reduced equally.
 Surviving Legal Spouse – share equal to one Legitimate child
 Free Portion – remainder
Illegitimate children and Estate is 1M, the Legitimate children
receive P250,000 each, the Illegitimate children receive
P62,500 and the surviving Legal Spouse receives P250,000.
Without a Will:
 Surviving Legal Spouse – Share equal to that of a Legitimate
child but reduced to the minimum of 1/4 of a Legitimate child if
the Estate is not sufficient. [Art 999, Tolentino]
Example: If there are 2 Legitimate children, a Legal
Spouse and 4 Illegitimate children and the estate is 1M, the
Legitimate children receive P250,000 each, the Illegitimate
children receive P62,500 and the surviving Legal Spouse
receives P250,000.
No 12 – Surviving Legal Spouse &

How to divide an Inheritance when there are only
Illegitimate Children and a Legal Spouse
Will:
 Illegitimate child/children – 1/3 of the Estate
Example: If the Estate is 1M and there is one Illegitimate
child, the Illegitimate child receives P333,333 and the
surviving Legal Spouse receives P333,333. The remainder
(Free Portion) can be given to whomever the Estate owner
wishes as per his Will.
Without a Will:
 Illegitimate child/children – 1/2 of the Estate divided among
them
Example: If the Estate is 1M and there is one Illegitimate
child, the Illegitimate child receives P500,000 and the
surviving Legal Spouse receives P500,000. If there are 2 or
more Illegitimate children, the P500,000 is divided among
them.
No 13 – Surviving Legal Spouse,

Legitimate Ascendants
(Grandparents/Parents) and
Illegitimate Children
Legitimate Parents or Grandparents, a Legal Spouse
and Illegitimate Children
Will:
 Legitimate Ascendants of the deceased – 1/2 of the Estate
 Surviving Legal Spouse – 1/8 of the Estate taken from the
Free Portion
 Illegitimate Children – 1/4 of the Estate
Example: If the Estate is 1M, the Legitimate Ascendants
receive P500,000. The parent/s inherit if they are still alive.
Otherwise, the grandparents inherit with the paternal side
receiving P250,000 and the maternal side receiving
P250,000. The Illegitimate children receive P250,000 and the
surviving Legal Spouse receives P125,000. The rest (Free
Portion) can be given to whomever the Estate owner wishes
as stated in the Will.
Without a Will:
with nearest ascendants inheriting. If parent/s are alive, this
share goes to them. If grandparents are alive, the share is
split between the paternal and maternal sides.
 Illegitimate Children – 1/4 of the Estate
Example: If the Estate is 1M, the Legitimate ascendants
P250,000. The Illegitimate children receive P250,000 and the
No 14 – Legitimate Ascendants
(Grandparents/Parents) and 1 or
more Illegitimate Children
legitimate parents/ grandparents and an Illegitimate
child or children
Will:
 Illegitimate children – 1/4 of the Estate taken from the Free
Portion divided among them
P250,000. The Illegitimate children receive P250,000 divided
equally among them and the rest (Free Portion) can be given
to whomever the Estate owner wishes as stated in the Will.
Without a Will:
with nearest ascendants inheriting. If parent/s are alive, this
 Illegitimate child – 1/2 of the Estate
P250,000. The Illegitimate children receive P500,000 divided
equally among them.
When the Deceased has No

Children
No 15 – Surviving Legal Spouse and
Siblings of the Deceased (or their
children)
The division of an Inheritance when there is a Legal
Spouse and Siblings of the Deceased.
Will:
 Siblings of the deceased – none
Example: If the Estate is 1M, the surviving Legal Spouse
receives P500,000 and the rest (Free Portion) can be given to
whomever the Estate owner wishes as stated in the Will.
Without a Will:
 Siblings of the deceased (or their children) – 1/2 of the Estate
divided among them
Example: If the Estate is 1M, the surviving Legal Spouse
receives P500,000 and the siblings (or their children) are
given the remaining P500,000 to be shared among them.
No 16 – Surviving Legal Spouse and

Legitimate Ascendants
(Grandparents/Parents)
Spouse, Legitimate Parents or Grandparents and no
children.
Will:
 Surviving Legal Spouse – 1/4 of the Estate taken from the
Free Portion
receiving P250,000 (half of P500,000) and the maternal side
receiving half of the P250,000 (the other half of P500,000).
The surviving Legal Spouse receives P250,000 and the rest
(Free Portion) can be given to whomever the Estate owner
wishes as stated in the Will.
Without a Will:
with nearest Ascendants inheriting. If parent/s are alive, this
receiving half of the P500,000 and the maternal side receiving
half of the P500,000. The surviving Legal Spouse receives
P500,000.
No 17 – Legitimate Spouse and

Illegitimate Parents
Spouse and Illegitimate Parents
Will:
 Illegitimate Parents of the deceased – 1/4 of the Estate
Example: If the Estate is 1M, the Illegitimate parents
receive P250,000 and the surviving Legal Spouse receives
P250,000. The rest of the Estate (Free Portion) can be given
to whomever the Estate owner wishes as stated in the Will.
Without a Will:
 Illegitimate Parents – 1/2 of the estate
Example: If the Estate is 1M, the Illegitimate parents
receive P500,000 and the surviving Legal Spouse receives
P500,000.
Other useful articles on Philippine

Inheritance Laws & Wills
 How a Foreigner can receive his Philippine Land
Inheritance (Updated for 2018 TRAIN Law)
 What happens to a foreigner’s assets when he
dies in the Philippines?
 Philippine Inheritance Laws for Foreigners,
Filipinos and Dual Citizens
 Philippine inheritance and foreign Wills
 Reprobate of Wills in the Philippines
 How to Probate a Will in the Philippines
 Philippine Last Will and Testament (Plus Foreign
Wills and Wills of Filipinos Abroad)
 Philippine Estate Taxes
 Husband, wife and a joint Last Will and
Testament
If you need any legal advice or guidance on the
issue of Compulsory Heirs or who the Legal
Heirs of Deceased are in your case, or how the
Inheritance Law Philippines dictates how to
divide an Inheritance, please contact us
Atty. Francesco C. Britanico, FCB Law Office
Lawyers In the Philippines
332 Comments
1.
Jules on December 3, 2022 at 10:57 pm
Hi Attorneys,
I need advise.
We are currently in dispute with one of the siblings of my
deceased father and this is something to do with their
deceased Parent’s land.
We inherited a land that is shaped like standing rectangle and
the top most of it is facing the highway while each side has
firewalls/neighbors houses.
One of my Father’s sibling wanted right away to have the top
most portion because its facing the highway.
What is the best step to have the shares equally divided to all
of 4 siblings?
Is raffle the best way to go to have a chance in getting the top
most portion?
REPLY
FCB Law on December 4, 2022 at 3:40 pm

This really depends on the family. There are several
possibilities.
You may consider ensuring that any property away from the
highway should be assured a right of way to the highway.
Some heirs may also opt to buy out or sell off inherited shares
in order to simplify the division.
REPLY
2.
Jayson on December 2, 2022 at 10:50 pm
Hi Atty
Situation: The deceased person is single with 2siblings alive
and has NO WILL.
1. Who is the LEGAL HEIRS of a single person no spouse
and no children and how the properties will be divided?
REPLY

If there are no living ascendants or descendants then the
living siblings and the children of the deceased siblings are
the heirs.
REPLY
3.
Roy on November 30, 2022 at 1:36 pm
Question:
My Adult children are dual citizens and live in the United
States. Their mother is also a dual citizen but lives in the
Philippines. Their mother passed away unexpectedly. We are
divorced .
Does my children need to file in Philippine courts that they are
their mother’s compulsory heirs so that the philippines courts
know that they are her compulsory heirs ?
REPLY


No, they do not need a court case to be recognized as
compulsory heirs.
REPLY
4.
Meredith on November 5, 2022 at 3:36 pm
Hi Atty.
What if may common law partner po na LGBT partners, living
together for 3 years, pag may last will and testament po ba,
pwede namin I exclude yung parents? Due to emotional
abuse when we were young.
If not, what are steps we can take to exclude them?
Kaya na po namin bumili ng properties but due to this
concern, we don’t want to.
Thank you po and respect.
REPLY
FCB Law on November 8, 2022 at 6:41 pm

Yes. This disinheritance has to be done through a last will and
testament.
REPLY
5.
jami on November 2, 2022 at 9:53 pm
hi attorney,
nandito na po ako sa abroad nakatira at may sariling pamilya.
gusto ko po sana wag na ako isali sa tatanggap na mana.
may requirements po ba? at kung meron ano po yun?
REPLY

You can choose to sign a waiver of rights or authorize
someone to sign a waiver of rights for you through a special
power of attorney executed at the Philippine consulate.
REPLY
6.
Bea on September 28, 2022 at 2:08 pm
When a person dies with a will, but they died at the same time
as their heirs (their spouse, children, and parents) or those
heirs died before them, who will inherit instead?
REPLY

People rarely die at the same moment, but if time of death is
not known then the law has certain presumptions on who died
first based on age and sex. How these presumptions apply
depends on the factual circumstances.
REPLY
7.
Esther on September 26, 2022 at 1:04 pm
My both parents died and have properties, 20 years ago but
no will statement. One of the children died lately after they
both died without a will. Until now the properties has not been
divided or distributed. My question is, will the children of the
deceased child can inherit also from the property of their
grandparents. My deceased brother has common law wife
meaning hindi sila kasal – has 2 children and another child
from another woman meaning tatlo ang anak ng kapatid kung
namatay., na walang isa pinakasalan but the second wife they
live longer together. So, may karapatan ba silang magmana
sa properties ng grandparents nila. Need your legal advise
REPLY
FCB Law on September 27, 2022 at 6:59 am

They would have the right to inherit from their deceased father
who himself came into his inheritance the moment his parents
passed away.
REPLY
8.
Randy on September 22, 2022 at 8:04 am
Hello atty., my auntie is planning to prepare a will. She has no
spouse, no children and parents passed away already. Will
the siblings be the compulsory heirs? What is the free portion
of her estate? Many thanks
REPLY

She has no compulsory heirs and appears to have full
freedom to dispose of her estate.
REPLY
9.
Mary on August 28, 2022 at 8:58 am
Hello,
My estranged father is Filipino and I’m a Naturalized
Canadian citizen, he passed away and left his house property
everything to his niece which is my 1st cousin. I am not aware
of any will. She still lives in his house. Do I have the right to
his inheritance?
REPLY
FCB Law on August 29, 2022 at 5:15 am

You would be a compulsory heir who has the right to inherit
from him to the exclusion of his niece.
REPLY
10.
Adelo Tome on August 26, 2022 at 10:06 pm
Hi Atty.
Good day!
The scenario goes on like this: Mr. and Mrs. Cruz had 2 sons.
Aside from their house, the couple owned an apartment
building. Mrs. Cruz died and Mr. Cruz remarried and have 3
children. My question is, how the conjugal house and
apartment building from a previous marriage be distributed to
Mr. Cruz 2 sons from his deceased wife, and 3 children from
his present wife?
Thank you
REPLY

This is rather involved, but the basic answer is that the
conjugal property should be liquidated as of the death of the
first Mrs. Cruz and her estate distributed to her heirs.
REPLY
11.
Sneezy on August 22, 2022 at 1:51 pm
Good Day atty.
My grand father passed away and all his bank account he live
it under my name, and he also left to me the land tittle and
some document of some people and his children loan to him,
before he died he said that i will take charge of all the person
who had a loan from him, so that i could have support my
grand mother and my children. But there is no documented
will. even my grand mother and his children were all still alive.
And yes all the person who had a loan from him pay me from
there loan, but my mother get it from me, for she is saying that
i dont have a rights on it. Now my grand mother had already
pass away, and my mom, auncle,and my aunt is planning to
sale the house. This house is luckily save from the debt
because of my auncle, but suddenly when my grandmother
pass away his 3 sibling is planning to transfer it to there
names so they could sell the property. Atty, my question is, is
it right that my mother get what my grand father left me? Do i
really dont have a right on what my grand fathers had left me
even the person who had loan from him agree to my grand
father before he had pass away that they will only pay to me.
Atty i hope you could help me on this. Thank you
REPLY
FCB Law on November 11, 2022 at 10:23 am

A will is necessary or else the estate should be divided
according to how the law provides.
REPLY
12.
Vir on July 28, 2022 at 9:00 am
Hi Atty.
I was considered as son (not legally adopted) by my old maid
Aunt who passed away 2 years ago, do i have the right to
inherit the things or properties she left? She left no last will.
Thank you!
REPLY

Not as a matter of right. You could perhaps come to an
agreement with her legal heirs who know her wishes.
REPLY
13.
Jei on July 22, 2022 at 10:49 pm
Hi Atty,
We have a property titled with my Father and Mother’s name
on it, they are both filipino. We are 3 legitimate siblings. My
mother had one illegitimate child from adultery (no case filed)
when my father died out of depression and heart attack due to
the issue, my mother was also already pregnant to her 2nd
child from that another man. She had the 3rd child to her lover
after.
My question is, what could be the division of the property
between my Mother, us legitimate and the other children?
Thank you.
REPLY

Your father’s half of the property would be divided among his
heirs, which include his children and your mother. The her
children born of the other man while he was living may be
legally presumed to be his children as well unless they agree
to be considered children of their biological father.
REPLY
14.
Leonida on April 6, 2022 at 2:43 pm
Hello Atty.
Can we exclude a member of the family (sister) in a Deed of
extrajudicial settlement of estate with donations done by my
Mother with deceased spouse?
Does this make her (my sister) not entitled for the partition of
the estate?
And what will happen if this Deed did not published in a
newspaper? Is it still a valid Deed?
Thanks.
REPLY

Publication is a requirement before the Register of Deeds will
allow the transfer.
The sister will have to agree to the scheme of sharing which
excludes her. She or her authorized representative has to
sign the EJS.
REPLY
15.
levi on January 8, 2022 at 4:07 pm
Hi Atty. My mom and my biological dad are divorced. Dad
passed away due to covid but it was in Saudi Arabia so they
had to bury him there. He had a girlfriend around that time, we
didn’t know and me and my siblings have no idea if we
inherited anything because there was no communication from
both parties. Is there a way to know if we did? What are the
procedures we have to do to know if there was a will or no will
and how to get the inheritance? I’m going back home to
Philippines and would like to work this one out.
REPLY
FCB Law on January 18, 2022 at 10:49 am

Finding out if he had a lawyer may be the first step to know if
he had a last will and testament.
REPLY
16.
Ace p. on December 8, 2021 at 2:58 pm
Hi atty,
What if the property is a conjugal prop and the surviving
spouse didnt bear kids pero the deceased has 4 kids. Upon
termination of the conjugal prop and ndi naliquidate yung
assets in 6 mos post death, without a will, does the surviving
spouse has the right to sell a portion of the prop? And once
the survivng spouse also passed, how would the inheritance
go?
REPLY


The surviving spouse can sell her interest in the conjugal
property and her own inheritance from the deceased if she
wishes.
REPLY
Isha Lagdameo on July 22, 2022 at 11:45 pm

Hello Attorney
My sister is married to a British citizen and has 1 Minor Child,
they are not legally separated before she died but my nephew
is in Philippines under our care. There is no last will for her
property in the Philippines, will my nephew inherit everything
or the ex husband of my sister will also get something? Also
my parents are still alive

If they were married at the time of her death, then the
husband is a co-heir together with their child. The parents
would not be heirs since there is a living descendant.
17.
Katie on October 15, 2021 at 4:29 pm
My Lola and Lolo owns a large estate in Mindanao. My
mother is just the daughter of my Lolo (step-daughter of my
lola). When my grandparents died, the real children of my
grandparents divided the property, leaving my mother with no
inheritance. Is there any chance we can claim what is
rightfully for my mother? My grandparents died 15 years ago
and the real children already sub-divided the properties and
some of properties have been sold.
REPLY
FCB Law on October 23, 2021 at 5:56 pm

That would only be possible if you are willing to undertake the
ordeal of litigation and recovery.
However, the claims may have already prescribed or lapsed
because this was not done earlier.
REPLY
Bryan Fernando on November 11, 2021 at 9:51 pm

atty, do I have rights in inheritance if only my father is my
parent and he married second wife in their conjugal
properties? they have adopted a child together and they want
to give all the inheritanvce to their adopted child.

A child is a compulsory heir of a parent unless disinherited in
a last will and testament.
18.
louie on August 5, 2021 at 12:20 pm
Hi Atty,
For clarification please, Lola has a land on her name, survived
by 3 sons but one son died BEFORE the Land title is created.
Will the inheritance be shared by 2 or 3?
REPLY
FCB Law on August 5, 2021 at 2:38 pm

3
REPLY
19.
Anonymous on July 24, 2021 at 9:49 am
Hello, I have a question regarding No. 8 inheritance partition
without a will for surviving legal spouse and 2 legitimate
children. No. 8 says that 1M entire estate will be divided
equally. Is this the case? I thought it will be 1/2 will go to the
spouse and then the other 1/2 will be divided into 3 (spouse+2
legitimate kids). Kindly clarify. Thanks!
REPLY
FCB Law on July 25, 2021 at 5:27 pm

The spouse’s share in the conjugal property is not included in
the estate of the deceased.
REPLY
Gloria on November 11, 2021 at 1:18 am

My father passed away recently. He had no will. There are 4
heirs: leaving 4 heirs: 3 legitimate children and the surviving
spouse. I was told that the surviving spouse inherits 62.5% of
the estate. Is this correct? I read here that the estate is
divided equally among all heirs. Thanks.

The estate does not include the conjugal property of which
she may own half outright. 50% + 12.5% = 62.5%
JDR on July 29, 2021 at 3:52 am

Hi Atty. Can you give us an update on the estate amnesty? Is
it true that it was extended again until 2023? Please give
updates.
Thank you
REPLY

Yes, it has been extended. Atty. Britanico wrote an article on
this which was published on Rappler.
20.
Larry Alicuman on July 13, 2021 at 11:58 am
Hi Atty.
Just want to ask about how the estate will be settled (without
a will) if the there are 4 legitimate children and 3 illegitimate
children. how do they share in the estate? no surviving
spouse. What will be the percentage of sharing. Let say the
estate worth 10 million.
thank you and god bless.
Larry
REPLY

This is not enough information to say with particularity.
It will first need to be clarified what the scope of the estate is.
This also means determining what part was conjugal property
rather than the exclusive property of the deceased. The
illegitimate children would inherit only from one parent,
whereas the legitimate children would inherit from both.
Once that is determined, consider that illegitimate children are
generally entitled to half the share of legitimate children.
REPLY
21.
Carmen A. on July 8, 2021 at 11:50 am
My mom died 36 yrs ago, I am their only child. My father got
married again and have 2 children. They are living in the
estate my mom bought when she was still single (before my
mom and dad got married). He made it clear to me that half of
the land belongs to me, and the half is for my dad since it is
conjugal property. But my concern is, is my half siblings have
the right to inherit my father’s portion? The land title is still in
my mom’s name.
REPLY


They can inherit from your father a share from the portion you
father inherited from your mom.
Before that happens, it would be advisable that you already
settle your mother’s estate and perhaps come to a written
agreement with your father about the rights to the property.
REPLY
Carmen A. on July 8, 2021 at 3:33 pm

Thank you for your response. Does it mean that i will get the
half from my mom’s portion then i can also get a portion from
my dad’s?
FCB Law on July 9, 2021 at 7:34 am

If you settle your mother’s estate while your father is still
living, he could opt to waive his rights to it so that the entire
estate goes to you. This will not be possible after he has
already passed away unless your half siblings opt to waive
their own inheritance from him.
22.
LA dela Cruz on July 6, 2021 at 11:51 am
How about po if the deceased is an illegitimate child who are
the compulsory heirs? thank you
REPLY

Probably ascendants or descendants, but we cannot say
without particular information.
REPLY
23.
DEN on July 5, 2021 at 1:27 am
An extrajudicial settlement of estate was made between the
legitimate and illegitimate siblings because the legitimate one
is willing to share to the illegitimate sibling. That extrajudicial
document is not yet submitted to BIR and Registry of Deeds.
But, what if it passes from the scrutiny of BIR and ROD and
the property is successfully transferred, what might be the
implication? Is it possible, in the future, that the heirs of
legitimate sibling can annul the extrajudicial document and
take back the whole share from the illegitimate one?
REPLY


We really can’t say without seeing the document and
reviewing the particulars. Any answer given the above would
be hypothetical or speculative.
REPLY
24.
Cathy on July 4, 2021 at 9:33 pm
Does owning a property before marriage becomes conjugal
automatically after marriage? No prenuptial agreement was
made.
Is it possible to give the rights to the parents instead to the
wife in the event the husband dies?
REPLY

A private agreement to this effect would be unenforceable
unless there was a prenup.
Future inheritance cannot be waived.
REPLY
25.
DEN on June 25, 2021 at 8:03 am
What if the deceased has no spouse, no children, no parents
but only siblings – one is legitimate sibling and two other
siblings are illegitimate;
How their shares are computed?
.
REPLY
FCB Law on June 30, 2021 at 1:52 pm

Unless there was a will, only the legitimate sibling would be
the heir under the iron curtain rule of intestate inheritance.
REPLY
DEN on July 2, 2021 at 8:52 pm

but there was extrajudicial settlement of estate made between
the legitimate and illegitimate siblings.
is the extrajudicial document invalid? if invalid but the
legitimate one is willing to share to the illegitimate siblings,
how could it be corrected? Can it be cancelled and make new
one?


If the property was already transferred with the BIR and the
Register of Deeds approving it, then it is moot. Otherwise, a
deed of donation could be a way to address this.
We cannot speak to the particulars without detailed
information.
Redacted on December 17, 2022 at 5:51 pm

Dear Atty.,
I just want to ask your answer in my case wherein i have a
live in partner for years died, and we have an adopted child,
without any legal adoption paper but he has a birth certificate
we both our signatures and acknowledged on it. But her
parents of my partner claiming it and want it to sell the
property of my partner under her name. Since the property
finance by her parents and giave t to her. Who has has the
right to inherit on the assets of my deceased LIP and there
was no last will been made by my partner, because her
parents still alive until now. But the Land Title is under my
partner’s name.
Thank you for your response for my queries.
Sincerely,

The child is presumed to be hers and is therefore her sole
heir. Her parents would have to disprove the child’s parentage
to supplant the child as an heir.
26.
kim on June 22, 2021 at 10:56 am
Good morning po atty. Ask ko lang po, paano kung ako ang
kasama ng lolo at lola ko sa tahanan. Tpos po napaayos ko
ng konti yung bahay na tinitirahan namin. Ngaun wala na sila
parehas, may right po b yung anak nila na kunin sa akin ang
bahay? ano po ang maaaring karapatan ko or ano po maaari
ko gawin? Masasayang lang po ba yung pagpapagawa ko sa
bahay? Knowing din po na ang nagsusulsol sa uncle ko na
kunin sa akin ung ipinaayos ko n bahay ay yung soon to be
wife nya.
REPLY

If they are your grandparents, you may share in the
inheritance of the estate in representation of your own
parents.
You would also be entitled to reimbursement for the
maintenance and repairs to the house.
REPLY
27.
Joselito on June 8, 2021 at 6:41 pm
Dear Attorney
My brother suffered years of a complicated buffet of colorful
lifestyle – generated diseases, died recently and after a few
days was buried. His last will and testament documents were
only shown by his common law wife to the legitimate children
of my brother. Notarized as they are, these documents of the
the last will and testament were awarded by the dying brother
to his common law wife. By legal procedure, can the
legitimate children and the legal wife claim all of these
properties that were given to the common law wife who lived
with and took care of the brother who became ill through the
years? What steps should be taken by the family to contest
the documents that are kept by the common law wife? Thank
you very much.
REPLY
Atty. Francesco Britanico on June 9, 2021 at 7:54 am

It is often best to begin with a conversation between the
parties to settle the estate amicably, but if this is not
successful then an estate case filed in court would be the way
forward.
REPLY
28.
Acel on June 2, 2021 at 2:51 pm
Hello Atty, my Father’s brother died without a will, and has no
spouse or children. There are two siblings however one is
deceased with two children. Should his assets be divided in
half between the families of the two siblings, or do the my
father and two children of the deceased sibling get one third
each? Is there a specific law I can reference? Thank you po.
REPLY
Atty. Francesco Britanico on June 3, 2021 at 4:42 pm

The first option. The children of the deceased sibling inherit in
representation of their parent and so are only entitled to as
much in total as their parent would have inherited.
REPLY
29.
Yam on May 26, 2021 at 6:46 pm
Hello Atty., Just want to inquire. My mom is processing the
Deed of Extrajudicial Settlement of Estate. She has two alive
siblings, but the other sibling, which is my Tita, died bago pa
mamatay yung lola ko. Sino po ang magmamana ng share ng
Tita ko? Is it her husband or yung only legitimate child po
nila? Thank you po!
REPLY
Atty. Francesco Britanico on May 27, 2021 at 4:45 am

The child would inherit in representation of his mother.
REPLY
30.
Ian on May 25, 2021 at 9:42 pm
My brother (a UK citizen) died in the PP earlier this month,
aged 62. He has had PP residency, but this lapsed when they
were trapped by COVID and then the military coup in
Myanmar for a over a year. They were repatriated to the PP a
few weeks ago. His wife is filipino, and he has three UK
children by two previous marriages. He and his wife owned a
house in Manilla and a beach resort, both mortgaged. His wife
tells me that they each owned a half share of the PP
properties, but due to his UK citizenship I am not sure that this
is the case. He may also have owned property in the UK, in
which his second wife still lives. It appears that my brother did
not leave a will.
Is his estate covered by PP or UK intestacy law? His children
don’t want anything from the estate, they just want his widow
to be comfortable. If there is anything left of the estate on her
death they want her Filipino family to benefit. If they are
deemed beneficiaries of his estate, how easy is it to renounce
any benefit? Are there any consequences to this action which
we may not forsee? Who should my brother’s widow contact
first in order to move ahead with dealing with these matters?
REPLY
Atty. Francesco Britanico on May 25, 2021 at 10:51 pm

She may consider an extrajudicial settlement of the estate,
signed by all the heirs, in which the children renounce their
shares in her favor. We would need to examine the property
documents to know what the scope of the estate actually is.
She can contact us through our form
at http://www.lawyerphilippines.org if she wishes to consult on
this.
REPLY
31.
Jess Vargas on May 24, 2021 at 4:17 pm
Hello Attorney,
Will try to keep this short. Situation po is, there are 4
legitimate children and 3 illegitimate. Father was civilly
annulled with spouse well before illegitimate children were
born. Only the illegitimate children currently reside with Father
as all the legitimate children are now married and have their
own families and homes.
It’s been revealed that one of the illegitimate children has
been spoon feeding unfounded information to ailing father
discrediting legitimate children in the hope that illegitimate
child can claim all properties as hers by form of a will. Father
by he way has several high value properties. Father has
“verbally” disowned legitimate children. Illegitimate child has
blocked all access for legitimate children to see Father given
that they live together and Father is in poor health under
medical supervision at Home.
Question: Is it at all possible that legitimate children will be left
with no inheritance?
Salamat Attorney.
REPLY
FCB Law on June 16, 2021 at 10:22 am

Disinheritance is only possible through a written will, but it is
possible that the property might be transferred while the father
is still living to the disadvantage of legal heirs.
REPLY
32.
Joe on May 22, 2021 at 4:25 pm
Good Day, Attorney!
My father (already deceased) owns a property in Albay, Bicol
inherited from his parents. However, to date, TCT has not
been applied due to costly processing. But the payment of
real property tax has been updated. My father executed an
Deed of Absolute Sale (duly notarized by a certified notary
public) to my sister in 2013. My sister passed away last year.
My sister has a legal spouse but they had no children. We are
three surviving siblings left. Under the law, who will inherit the
property? I would highly appreciate your advice in this regard.
REPLY
33.
Zenaida Ramos on May 22, 2021 at 3:18 pm
Hi Attorney,
I’m single, never married, no children. Me and my aunt (my
mom’s sister, a US citizen but naturally born Filipino) have
recently acquired a property in installment basis. We share all
expenses related to to this property, from paying the down
payment, move-in charges, renovation expense and
amortization. My question, if in case I die (hopefully not yet)
and the property become fully paid because of MRI, who will
inherit the property? Can my aunt get the ownership? Or how
can she get the ownership of the house? Can I make a will
and put her name as my no.1 heir? Or how to make my aunt a
co-owner of the property (financially she owns about 35%)?
Thank you.
REPLY

The title to the property is the presumptive evidence of
ownership. You will both be presumed co-owners if it is
registered in both your names.
If you are the sole title holder, nothing in your narration
prevents you from willing the property to her, but note that any
will must be probated to have effect or transfer ownership.
REPLY
34.
Kikz on May 19, 2021 at 9:54 pm
Hi Atty. My mom already have 3 children when she met and
married my dad. Their marriage produced 3 children,
including me. My 3 older half siblings were registered late,
with my dad signing as the father. Our dad died a few years
ago, leaving us with a small property which we are planning to
sell. Do you have any advice on how the property or the sale
must be properly divided among us (our mom, 3 half siblings,
and 3 full siblings)? Thank you!
REPLY
Kikz on May 19, 2021 at 9:58 pm

To add: there was no legal adoption performed. My dad just
acknowledged them and gave them his surname.
REPLY

FCB Law Office on May 20, 2021 at 1:07 am

This would be more appropriate to discuss privately.
We can set a consultation
through https://lawyerphilippines.org/ if you wish.
REPLY
35.
Amber on May 16, 2021 at 4:06 pm
Hi Atty.
What if there are 5 siblings. 3 of them are still alive. 2 are
already deceased.
They have a common property they inherited from their
deceased parents.
3 living siblings made an extrajudicial settlement of estate with
sale.
May right ba sa partition yung descendants ng 2 deceased
siblings?
TIA.
REPLY

Yes.
REPLY
Maricar Lapena Bacsa on May 19, 2021 at 2:00 am

Hi,Attorney Francesco.
I would like to ask,what if there’s no Will from my
Aunt(deceased)and she have 2 adopted children.Are they
going to inherit her property?And if so,how are they going to
divide the property? And how are they going to transfer their
name on the land title/property if ever?
Salamat po!

If they were legally adopted, are the only children, and there is
no surviving spouse then they inherit her entire property to be
equally divided between them.
36.
Chapher on May 12, 2021 at 5:54 pm
Good day Atty!
On instance that that an illegitimate parent predeceased his
illegitimate son(has surviving spouse), can the legitimate
children of that parent succeed the testate of the illegitimate
son?
REPLY

Not without a will as they are not intestate heirs of each other.
REPLY
37.
Agf on May 11, 2021 at 12:43 am
I am Filipina, a illegitimate child, my parent did not get married
to each other.
My mom got married to now her husband and have 2
legitimate kid.
My dad was married with 2 legitimate kids, then he separated
his wife and have 2 illegitimate child with his new partner. His
first wife died and he married the partner whom he has 2
illegitimate child recently.
I own 2 parcels of land with building on it. I married a USA
citizen, no plan of having kids.
Truth to be told I wanted my Foreign husband to inherit my
properties and that could only happen thru intestate
inheritance and that’s why I am not making a last will and
testament before my demise.
I would like to know who will inherit my properties and what
will be the division
1.If I am survived by 2 illegitimate parents and a Foreign
spouse.
2. If I am survived by my Foreign spouse and both illegitimate
parents are already dead? Can the Article 992 be use to
removed unwanted heirs ( illegitimate parents relatives and
kids)? Will my Foreign spouse inherit all my property? Will he
be allowed to file for deed of self adjudication immediately
after my demise?
Thank you for your time and response.
AGF
REPLY

The illegitimate parents and the surviving spouse would
respectively inherit half the estate.
A last will and testament would be necessary to disinherit the
parents.
It is possible to probate a will in court while you are still living.
REPLY
Agf on May 11, 2021 at 10:29 pm

If illegitimate parents are dead and only my Foreign spouse is
a live. Will my spouse receive all my properties?
Or does he get 1/2 of the properties and then 1/2 will go to my
illegitimate parents kids?
What do you mean by probate a will in court?

FCB Law Office on May 11, 2021 at 11:42 pm

All would go to your spouse in that case.
We discuss probate here:
https://lawyerphilippines.org/2018/03/06/philippine-
inheritance-and-foreign-wills/#What_is_probate
38.
jj on May 2, 2021 at 11:59 pm
Hi attorney! What will happen po if the testator provided
P8,000,000 to Ana (his secretary) through his last will and
testament despite having to legitimate children? how will they
distribute the estate?
REPLY

This depends on whether the estate has a free portion
sufficient to meet this bequest. It also depends on what the
other provisions of the will are and whether they are valid.
There are many factors to consider. We take many of them up
in our articles on wills which may be found
here: https://lawyerphilippines.org/category/estate-law/wills-
inheritance/
REPLY
39.
Jamppy on May 2, 2021 at 11:49 pm
Hi po! what about if the decedent is survived only by his two
(2) illegitimate children, how will they distribute the estate
which amounted to 12,000,000?
REPLY

If there is no surviving spouse and no surviving legitimate
ascendants, the illegitimate children will divide it between
them.
REPLY
40.
Gem on April 25, 2021 at 2:29 am
We are currently doing the prpcessing of the EJS. The
parents died (no will) 1986 (no transfer of title done) and 2002
(again no transfer of title done) leaving 4 children. One of the
3 children died (no will) 2019 with a surviving spouse but no
children. Does the surviving spouse of the sibling who died
inherit? As per EJS “contract” drafted surviving siblings (2)
and surviving spouse gets 1/3 each of property left by the
parents. Previously there was information given that dead
sibling’s spouse does not inherit, only has right to use (live in)
the property. Current internet searchings show dead sibling’s
surviving spouse gets half of dead sibling’s share and the
other half is shared among remaining surviving siblings.
Please enlighten us.
REPLY
Atty. Francesco Britanico on April 25, 2021 at 4:37 am

The timeline makes it the latter division, but there is nothing to
prevent the heirs to unanimously agree on a different division
or settlement.
REPLY
41.
margut on April 24, 2021 at 2:29 am
One of our brothers was legally adopted by our aunt after his
birth and is using a different name since then. Is he still
considered as compulsory heir of our father? (We are
Filipinos) Please advise us on this matter. Thank you very
much.
REPLY

Yes. The preponderance of authority is that the adopted child
enjoys the best of both worlds and remains the heir of his
biological parents.
REPLY
42.
LegalWife on April 18, 2021 at 7:09 pm
Hi.
My mother-in-law left a sum of money. Currently she has
three surviving children and two deceased. I’m the legal wife
of one of the deceased child, can I still get a part of my
monther-in-law money. We have no children of my deceased
husband. I will appreciate your reply.
REPLY
Atty. Francesco Britanico on April 19, 2021 at 11:20 pm

Not from the facts given. A daughter-in-law is not an heir of
the mother-in-law. Neither does she inherit in representation
of her husband who predeceased his mother.
REPLY

Virmarie Dulay on July 21, 2021 at 7:45 pm
Good evening Sir.
Is is true that when a child first died before his parents the
child’s wife and child is not anymore entitled to any share from
her husband’s parents property
REPLY

The grandchild would inherit from the grandparents in his
father’s place.
43.
ALEX BATARIO on April 16, 2021 at 6:37 pm
Gud evening po attorney, ask ko lng po kc single po namatay
ung sister ko, ako n lang po buhay s buong family, lahat po ng
kapatid and parents ko patay na, ako na lng po ba pwede
magclaim ng SSS nya?
REPLY

You should contact the SSS directly about that.
REPLY
44.
Meynardo Cabrera on April 15, 2021 at 8:10 pm
Hi po, Yung namatay ko pong lolo ay may iniwan na will (land
property) para sa kanyang mga anak pero invalid po yung will
dahil kulang po ang witness na nakalagay sa will, ang tanong
ko po paano po ang gagawin para paghatian ang mga lupa at
mga proseso?. Salamat po!
REPLY

We discuss how to settle the estate through an extrajudicial
settlement here:
https://lawyerphilippines.org/2018/10/20/how-to-transfer-land-
heirs-philippines-extrajudicial-settlement-philippine-land-
inheritance/
REPLY
45.
Rosarie on April 12, 2021 at 8:38 pm
Good day attorney. Inohonor pa rin po ba ngayon sa tatay ko
yung property ng kapatid nyang walang anak at namatay na
yung asawa? Thank you po.
REPLY


Yes, siblings can inherit the entire estate if there are no living
parents or children.
REPLY
Rosarie on April 14, 2021 at 10:06 am

Thank you atorney.! Hinahabol kase ng pamangkin ni tatay
Yung lupang naiwan.
46.
Christopher D. on April 11, 2021 at 10:06 am
Good Morning Atty.
Given your discussion above, it was stated that siblings can
inherit if he has no children even though the wife is still alive.
It also shows that same is applied with the ascendants. I was
wondering, if a legitimate descendant died intestate, can he
be survived by his spouse, legitimate parent, and siblings at
the same time?
REPLY

In that scenario, only by his spouse and legitimate parent.
Living direct ascendants or descendants will exclude collateral
relatives like siblings from the succession.
REPLY
Krisneil on June 2, 2021 at 7:55 am

Hi atty,
Good day po! Quick question. My father recently died and left
some of his property under his name. Before he died, he re-
married legally because my mom died few years ago. I am a
legitimate child over 30 years of age. Am I getting half of the
property my dad left? Thank you
REPLY

This depends on who are the surviving heirs. It also depends
on what properties or parts of properties are considered
conjugal property.
47.
Janice on April 9, 2021 at 9:47 am
Hi. We have an ongoing case regarding the lands. The other
family claimed it and it was still on hearing. They wanted to
demolished the house built on that land. Do they have the
rights to do that?
Thank you
REPLY

Hello. You should consult with your lawyer on this specific
question.
REPLY
48.
Burt on April 6, 2021 at 1:55 am
Dear Attorney,
My aunt who passed away was unmarried and had no
children. There is one surviving sibling, the other 2 siblings
are already dead. All siblings have legitimate children. There
is no will.
How will the property of my aunt be divided?
Thank you.
REPLY

The children of the deceased siblings can also inherit in
representation of their parent.
REPLY
49.
Ginger on March 30, 2021 at 8:35 pm
Hi, we’re Filipino but living in Australia. Same law din ba
iaapply for this, if our may late grandparent has property in
AU. One of my Lolo’s relatives planning to contest a will, is he
eligible? I read here – https://orglaw.com.au/who-can-contest-
a-will-in-qld/ that he’s not since an immediate family.
REPLY
Atty. Francesco Britanico on March 31, 2021 at 8:15 am

The law of the place where the property is located generally
controls its disposition. We cannot speak for Australian law.
REPLY
Nova Mae mangyak on April 6, 2021 at 11:05 am

Good day attorney,
My sister who lives in ocala florida was died on January 25
2021, she have a two kids, the oldest is 8years old, he is on
his dad right now, and the second is 6months old she also on
her dad, the two kids are not same of father, my sister is US
Citizen, but her boyfriend wants to take over all her properties
there, I want to ask if my parents have a right of her properties
there in US?

The properties in the US would be best addressed under US
law. You should consult with counsel there.
50.
Rachelle Aguilar-Sulla on March 27, 2021 at 1:08 pm
I need an advice from you regarding heirs of my father
inherited from his father but not a conjugal property. The main
lot heredity came from his grandfather. They are 8 siblings, 7
legitimate and one is illegitimate. Actually the inherited land
was already subdivided among the siblings but not yet fully
titled because the original mother title was lost. We only have
documents like state tax, tax declaration and photocopy of
mother title. The illegitimate child was deceased already and
the other 3 legitimates have already died. One of these
legitimates died single and has no child. What will happen to
his part as one of the heirs? What if the siblings will sell that
land? Do they have the right to sell that part? If so, who will be
benefited? Who can get the share of the sold land where in
fact 4 of them was already deceased? Is it the 4 who are alive
or it will be again divided by 8?
REPLY
Atty. Francesco Britanico on March 27, 2021 at 10:19 pm

The heirs of the heirs (children of the deceased children)
could also inherit in representation. Legally everyone involved
must unanimously agree on the division or else an
extrajudicial settlement is not possible.
REPLY
Marie on March 28, 2021 at 2:20 am

Hi po my sister died, technically she adopted me, but in my
birth her parents are my parents so we are sisters and our
parents are dead. I have siblings left 2 of them but my sister
has a LAST WILL. It is hand written and was made with a
lawyer before she died. In her last will po the property will go
in my name and her partners name. May right po ba ang 2
remaining siblings?
Atty. Francesco Britanico on March 29, 2021 at 2:41 am

If you were legally adopted, then the fact that she had a legal
child will exclude her other siblings from inheriting. However, if
there is a valid will, they may be excluded in any case since
siblings are not compulsory heirs.
51.
Marie Katherine David on March 27, 2021 at 6:25 am
Good day, Attorney.
We are part of the heirs from an inheritance subject to an
extra judicial settlement. However, some relatives does not
want to participate in the process of extra judicial settlement,
saying they are no longer interested since they are all living
abroad. Most of all, they don’t want the hassle of working on
the papers and the expenses so that the property can be
divided and our share be given to us. We are worried that we
may not get our share since my father is dead already. One
relative is still interested in processing the paper works and
willing to help us out get our share. What paper work should
be done to start the process?
REPLY

It depends on the particular situation.
If the other relatives are unwilling to take on the trouble of
settling the estate but are otherwise unopposed to it, then
consider asking them to sign special powers of attorney
allowing someone to act on their behalf and perhaps allowing
a waiver of their shares.
REPLY
52.
anonymous on January 9, 2021 at 1:11 pm
Pwede po bang ipagbili ang lupa ng aking magulang ng mga
kapatid ko without my consent dahil ang sabi nila ay majority
silang magbebenta, at pwede ba nila akong alisan ng
karapatan at paalisin sa lupa ng magulang ko since na share
ko rin ito. Iam a legitimate child. All of them are Filipino and
my parents are also died. And no will left.
REPLY
lawyerphilippinesadmin on January 31, 2021 at 11:39 pm

All children have a right to the property of their parents under
Philippine law. However if you disagree with the other heirs
you may have to fight it out in court, settle it out of court or
find some way to come to an agreement. There are many
ways to do this but its important to understand your options as
some will be more laborious than others.
REPLY
53.
John on December 19, 2020 at 10:34 pm
Hello Atty.
Ito po ang situation namin, my father the youngest of all
siblings resides in my grandfather’s house and the grand-
parents were Filipino.
– Wala pong will na naiwan.
– 7 po silang mag-kakapatid, and isa nasa canada, ang
dalawa meron na pong lupa na tinitirhan at pagmamay-ari po
ng yumao kong lolo’t lola, and isa naman po ay patay na.
Ang mga kapatid po nya ay sang-ayon na ibigay sa father ko
ang lupa, since ang bahay kame na po ang nagpatayo at ang
lumang bahay ay demolished na.
Gusto po namin sanang ipa-titolo sa aking mga magulang ang
lupa, papa-ano po ang una namin gagawin proseso, ang
original na titolo ay hawak po ng magulang ko, kame rin po
nagbabayad na ng amelyar sa simulat-simula.
Maraming salamat po at God bless,
John
REPLY
lawyerphilippinesadmin on February 1, 2021 at 12:03 am

Hi John:
You will need to settle the estate. The easiest way to do that
is to file an EJS with the BIR. Try to settle it as soon as
possible since the BIR will charge fees for late estate
settlement.
Make sure you also have all the documents that you need
ready.
REPLY
54.
Marie on December 19, 2020 at 5:35 pm
Hi Attorney can you advise me on this..
My boyfriend died childless and we are not legally married.
There is no last will left. He instructed not to give his parents
and siblings everything he had left. Can i be a legal heir? We
are both Filipino citizens.
REPLY

If he is not married and childless and there was no will, his
properties will go to his ascendants first.
REPLY
55.
Andrie on December 13, 2020 at 3:55 am
Magandang araw po
Magtatanong lang po sana ako kung anong karapatan meron
ang isang legal na anak sa pagbebenta nang lupa.
Nkapangalan po sa akin sa kapatid ko at sa tatay ko ung mga
lupa. May hati po ba ako sa ilalim nang batas dun sa
pinagbentahan nang mga lupa?
REPLY

If you are an owner of the land/property, you receive
proportional proceeds from the land/property.
REPLY
56.
Awkantant on November 18, 2020 at 2:34 am
Good day, Atty.
What if there is a parent, surviving spouse, and 3 legitimate
children? How will the estate be divided in this given
situation?
REPLY
lawyerphilippinesadmin on November 18, 2020 at 3:47 pm

If they are all Filipinos, there is no will, etc. then the general
sharing is to the wife and the children. Note that this is based
on the information you gave and can certainly change if more
information is given since estate can be a bit complicated.
Check the part of our post above that deals with this situation.
REPLY

Dahlia on September 20, 2021 at 5:04 pm

HI ATTY My husband is a Filipino abandoned me and our 4
legitimate children when I discovered he fathered two iligitiate
son and went to the US in 1991. He filed a divorce in the US
divorcing me so he can marry a former Filipina US citizen with
one child . Then they divorced without children. Then went to
the Philippines fathered a child and later petition the fiancee.
All this were second hand stories from my in-laws and also
later my sons met the new wife and child, The young wife
claims she is the Legal wife and was given a wiil and SPA by
my Ex or husband inheritance and properties in the province
of Tarlac excluding my 4 children. Diivorce is not recognised
then in the Phiippines, except now that it is recognised
according to certain provisions in the law. I remember that the
foreiger must be a citizen of us or another country is the one
that initiate the divorce. Anyways my divorced that he filed he
was not even US citizen yet.
Now he died recenty I met with my sister-law , A who claims
that my dead husband have no claim on their ancestral home
for he and another sister B, aready deceased widow with 6
children,mortgage the property and almost forclose and my
sister -in -law , B paid the whole loan to save the property and
claim she owns it now, which Title was under the name of
their Father who is a widow and married the second wife their
mother. I was told by another niece that they have discovered
several parcel of lands in the Philippines under the name of
thier grandfather and the first wife. Sister in law B confirmed
and relay to me of such discoveries including 1/4 parcels of
quarry which was sold by her sister B and C for Fifteen Million
pesos without their knowledge and not getting any cent
whatever. Well I just listen to their stories. Now it looks in
legality that I am still the legal wife in the Philippines can my 4
Children have a claim or have a right from the estate of my
deceased Father in law married to his first wife as appearing
on the Titles. Others Titles under the name of my Father in
law married to name of the second wife, my also deceased
Mother in law. My father in law have two surviving heirs on the
first marrage. What advise can you give me and my children
to do if we have legal rights as heirs ? Thank you po more
power and blessing to you and your family.

You and your children remain his heirs, but his illegitimate
children also have shares in the estate.
57.
WWW.XMC.PL on November 13, 2020 at 8:10 pm
I like this post, enjoyed this one regards for putting up.
REPLY

Thank you.
REPLY
Bel on March 26, 2021 at 2:31 pm

Hi po Atty. just wanna ask some help.. My grand parents are
both deceased and have properties and and house left but
there is no will. Meron po silang 10 anak and yung pang 6th
po na anak ang gustong magdecide what will happend sa
mga properties na naiwan. While the 5th child said that if ever
he wants to decide to take all the assets he can have it since
he was the Jr of my late grand father. Is it right to have them
take incharge or the decision might come from the eldest and
should be agreed by other siblings? Thankyou
REPLY

An extrajudicial settlement, if that is the intended way of
settling the estate, has to be unanimously agreed on by the
heirs.
58.
Jane on November 10, 2020 at 10:15 am
Good day Atty 🙂 I have a question lang po. What if both of my
grandparents died and my mother doesn’t have any share
and her siblings hostage most of the property my
grandparents owned. What shall we do po?
REPLY

Your mother should have a share of her parents property as a
compulsory heir.
However, what you choose to do will depend on how much
resources, time and effort you want to put into the case. It will
also depend on what exactly the family has done to deny your
mother her share.
REPLY
59.
Mark A. on November 4, 2020 at 8:33 am
Good day Atty,. will a Deed of Donation of a land supersedes
a will before death? If there is no will and the owner
transferred a land via Deed of donation, will it hold to court?
REPLY
Atty. Francesco Britanico on November 4, 2020 at 1:20 pm

It depends on the circumstances. The transfer might be
assailable for being in derogation of the heirs’ compulsory
shares.
REPLY
60.
Abe Elaine on October 9, 2020 at 11:01 pm
Hello Atty. Good day!
What if the grandparents died and left the big house without a
will, there are 6 Legitimate child. And a lot of grandchildren
but one of the grandchild recognize the grandparents as
her/his parents because in her/his NSO/PSA yun po ang naka
pirma as parents. May mamanahin po ba yung grandchild? All
of them are Filipino citizen.
REPLY
Atty. Francesco Britanico on October 10, 2020 at 11:12 am

Assuming all the children are living and legitimate, they inherit
in equal shares. The right to inherit as a child in his own right
of the one whose birth was simulated can be questioned.
REPLY
Aries on October 24, 2020 at 3:00 pm

Pwede po ba magmana ng ari-arian ng magulang kung
walang birth certificate ang anak?
Atty. Francesco Britanico on October 25, 2020 at 3:03 pm

It depends. The legal relationship will have to be proved in
some way.
61.
Sharon Abelarde Vencer on October 9, 2020 at 9:11 am
Hi Atty. Just want to ask, my Uncle here wants to know how
the property will be divided if there is no will left by the
parents. Say they have 5 hectares and it is divided into 6, His
older brother wants to choose first because he said he is the
oldest and would like to take the privilege to pick a location
first. What is the legal process of the partition?
REPLY

Everybody has to be in agreement. The agreement for the
partition has to be unanimous among the heirs or else the
dispute would have to go to court for resolution.
REPLY

Ann on November 18, 2020 at 1:00 am

Good day po!
Nasa batas po ba na mas may karapatan sa mga minana ay
mga anak na lalaki lang?
Thanks po!

If under Philippine law, all children inherit.
62.
Ann on August 20, 2020 at 12:43 pm
Good day!
If the testator is legitimate and he knew about the iron bar rule
when he was drafting his will yet he decided to give a
legacy/devise to his favorite illegitimate brother. Will the
illegitimate brother be allowed to receive the legacy/devise?
Thank you
REPLY
Atty. Francesco Britanico on August 21, 2020 at 12:26 pm

Yes. They are not heirs to each other under intestate
succession, but nothing stops them from willing part of their
estates to each other.
REPLY
63.
Kelly on August 15, 2020 at 8:47 am
Good day Atty.
I was adopted since birth and my birth certificate has the
names of my adopted parents.
My adopted parents are now deceased Im the only the
adopted daughter of the deceased. Do i have rights to inherit
the property?
My Mom remarried after my father died and Then I have now
my half sister and half brother . Do i have the rights to inherit
the property?
REPLY

If you were legally adopted, then you would be a compulsory
heir of both your adoptive parents. Your half siblings would be
compulsory heirs of their parents.
REPLY

Rc on June 22, 2021 at 9:06 am
Good day, if the deceased is single, no more parents, no
children, has 6 deceased siblings and only 1 living sibling who
is now american citizen. How will his estate be divided?

In the absence of an heir, the sibling and the legitimate
children of the deceased siblings can be expected to inherit
from him as intestate heirs.
64.
Liane on August 5, 2020 at 12:46 pm
Hello, Attorney!
I would like to ask for your opinion regarding this situation. If
the child who was adopted by a couple since birth, yet didn’t
undergo legal adoption, will he be able to inherit the deceased
parents’ properties? The child is carrying the family name and
now of legal age. The deceased parents were not able to
leave a written will, only verbal.
Thank you.
REPLY

If he is registered as their child under a birth certificate, he will
be presumed to be their child. But if others question his
inheritance he may get nothing at all.
REPLY
65.
Cris on August 3, 2020 at 3:52 pm
Paano po kapag walang spouse and children ang decease.
Ang meron lang po siya is parents, 1 brother and 2 half-
siblings from father side. Kanino po mapupunta ang naiwang
assets ng deceased?
REPLY

It goes to the parents to the exclusion of the siblings.
REPLY
Ella Chui on September 15, 2020 at 10:28 pm

Hi! I’d like to ask, my friend, was adopted. Can she still get
her shares to her biological parents even without a will?
Thanks!

Atty. Francesco Britanico on September 23, 2020 at 3:08 pm

Yes
ricky on December 23, 2020 at 11:39 am

Atty gud day..legal opinion po..yung brother ko namatay
meron pa kaming mother may makukuha po ba ang mga
kapatid ng namatay sa property ng kuya ko? ano po ang
partition?
REPLY
lawyerphilippinesadmin on January 31, 2021 at 11:44 pm

What is the status of the will? What is the citizenship? When
are the dates of death? In general, inheritance goes to
ascendants if there are no descendants or spouse.
66.
Yleihs on December 4, 2019 at 3:48 am
My mother’s property was inherited from my grandmother and
the title is under my mother’s name m/t my father. My father
has been separated from us for many many years. We are 3
siblings – my sister and brother passed away already and I
am the only surviving child left. I am working on paying the
estate tax and need to execute some deeds. My father is not
interested in the property and willing to sign a waiver’s right.
However, my question is, if my brother in law (legally married
to my sister) and their adopted son, my nephew – have rights
to the property?
REPLY
Atty. Francesco Britanico on December 5, 2019 at 11:52 am

Hi:
This will depend on their marriage regime, citizenship, various
dates, etc.
It is tough to state from the above information as there are
many factors considered in estate law.
REPLY
67.
Lani on November 9, 2019 at 2:51 am
Hi Attorney:
My brother-in-law died and survived by his legal wife and 4
children. My mother-in-law is old and wanted to settle her
affairs on the properties. There are 6 siblings including my
dead brother-in-law. One of the siblings’ wife suggested that
the share of my dead brother-in-law should be given only to
the eldest son as the widow of my brother-in-law might get
married. Can they have the right to disinherit my sister-in-law
the widow of my dead brother-in-law for this reason? Can
there be a legal clause that will state that if the widow get
married any inheritance gained from my dead brother-in-law
should be distributed to his children when the widow die and
the new husband will not get any from my brother-in-laws
share?
Thanks
Lani
REPLY
Atty. Francesco Britancio on November 10, 2019 at 6:17 pm

Hi Lani:
This is complicated.
First, it is important to determine what type of property this is.
(i.e. exclusive property, etc.)
Then, it is important to determine the property regime of the
wife and husband were.
The situation then must be examined through documents, a
detailed write-up of the situation, and perhaps an interview.
The information above is very vague and it is not easy to
determine what the actual situation really is.
REPLY
68.
Rolando on November 4, 2019 at 5:00 am
My father died without a will. He was an American citizen. My
mom is still living and she is also an American citizen. They
have 4 living children all of legal age and 2 who are
deceased. The children are all American Citizens. Does my
mom inherit 50% and the living children inherit the remaining
50%. The two deceased children were married…do their
spouses share on the 50%?
My mom wants to transfer 4 parcels of land to us. Do we do
an extra judicial settlement and give each of our share to her
and would she then transfer each parcel to the children
according to her wish. she would like to accomplish this so we
can take advantage of the 2019 Estate amnesty law.
Your assistance is fully appreciated.
REPLY
Atty. Francesco Britancio on November 6, 2019 at 9:51 am

Sent an email?
REPLY
Ann on December 2, 2021 at 4:57 pm

Hi Atty, my parents are both Senior citizens… our Family
home is in my Mother s name…they both have no money no
work as in ever! My mother inherited her own Family s
house..then sold it secretly… used the money to buy a new
house and had it mortgage. Legally ,im her youngest daughter
(7 siblings) im the one who helped her with her life( money
issues) and Im the one who paid all the dues to get the Land
Title .. secretly 7 yrs ago My sister and mother sold it to my
brother s Ex WIFE, with the conditions of they can live in the
house until death ( bro s children living w them) my father
didnt know it too, but The Deed of Donation/Sale forged his
signature… btw , my father dont have anything , a single
cent , a share buying or acquiring the house…He claims He
has all the rights, does he ? Im scared that he might STEAL
the Title or make a Fake title to sell my mother s house.. both
of them want to sell it without each other knowing it! Both of
them , walang singkong duling n ambag s bahay… and the
other issue is , my Bro s ex wife Secret transaction with my
sister and mother , is it LEGAL? It will be a big help if you can
advice me about the situation… thank you
REPLY
69.
bren on October 28, 2019 at 6:51 pm
Dear attorney,
My friend wants to file a case for judicial partition of a property
left to them by their deceased parents intestate. The property
is conjugal …in the name of her father MARRIED to her
mother as stated in the title.
However, before her parents got married, her father was a
widower and had children with his first wife. In the judicial
partition, is it necessary that she includes her father’s children
in his first marriage? Thanks, attorney. Any help will be highly
appreciated.
REPLY

Atty. Francesco Britancio on October 29, 2019 at 4:00 pm

Sent an email
REPLY
Chris on November 15, 2019 at 8:09 am

Hi
I would like to make a will and ask advise on Phillipines
inheritance legislation. Would you kindly advise what you
charge for the above scope of works.
I am a Australian citizen and own a very cheap property in the
Phillipines. I am retired. I would like to ensure that my
property passes directly to my legitimate children in Australia.
Thanks and regards
Atty. Francesco Britanico on November 15, 2019 at 8:16 am

HI Chris:
Are you a former Filipino citizen?
Is the property land?
If you are a foreigner (not dual or a former Filipino), you
cannot own land and it will not be transferred to your heirs.
The prohibition on foreign ownership of land is absolute.

ctt on November 10, 2019 at 9:27 pm

Dear Attorney,
Magandang araw po. Patulong po, may Lola ako (kapatid ng
Lolo ko). May asawa ang Lola ko pero walang anak. Unang
namayapa yong asawa ng Lola ko kaysa sa kanya around 40
years ago. May mga kapatid yung asawa ng Lola ko. Nung
namatay yong asawa ng Lola ko, binigyan ng Lola ko ng
property yong mga kapatid ng kanyang namayapang asawa.
Namayapa na din ang Lola ko year 2014. So, ang nangyari
yong property ng Lola ko napunta sa mga pamangkin niya
(kasi wla siyang anak at patay na din ang mga kapatid nya).
Ang property ng Lola ko as per Office of the Municipal
Assessor ang declared owner ay ganito (Family Name, First
Name VDA DE) yung iba ay (Family Name, First Name M/T
Husband’s Name). Ang property ng Lola ko ay inherited,ang
iba ay nabili sa loob ng marriage. Presently, ang property ng
Lola ko ay na process na at nailipat na sa mga pangalan ng
kanyang mga pamangkin. Ang nangyari ngayon, may mga
pamangkin sa side ng kanyang asawa na gustong mg claim
ng property sa namayapa nilang tiyohon (asawa ng Lola ko).
May karapatan po ba silang mg claim nito? Sa lahat ng
property? Kung meron po, anong sharing scheme? Paano na
yong nagastos sa processing ng documents tulad ng taxes,
attorney fees, atbp? Marami pong salamat sa tulong nyo.
REPLY

Atty. Francesco Britancio on November 11, 2019 at 6:06 am
Hi CTT:
This is a complicated situation.
Without actually clarifying the situation, seeing the documents
and understanding the family tree better, it is impossible to
comment.
Estate law is complicated and I must be sure of the facts.
Mike on July 1, 2021 at 11:03 pm

Atty. Paano hatian SA property if deceased na Yung father
and ang surviving heirs ay ang nanay at ang tatlo nilang
anak?

That would usually be in equal shares among the four of
them.
70.
Leo on October 27, 2019 at 3:56 pm
Dear Atty.
My aunt has a residential property, She acquired that property
when was single and later on she decided to adopt one son.
My Aunt died and she has under age (below 18 yrs. old)
legally adopted son. Who’s the rightful heirs, her sibling or the
under age legally adopted son? Kindly let me know and
thanks. Pls. take note, NO last will testament.
REPLY
Atty. Francesco Britancio on October 28, 2019 at 11:45 am

I sent an email.
REPLY
M. L Wilbert on April 13, 2021 at 1:52 am

Good Morning, i have a question that needs to be settled. My
parents have six legitimate children. Both parents are
deceased. We inherited real properties from my parents. We
signed a Special Power of Attorney giving my only brother
and my sister as our lawful attorney in fact for us and in our
names to perform duties on our behalf. One of each was to
negotiate, dispose or sell all properties. My brother is now
deceased and my sister is now selling the property. Do the
spouse and children of my brother have the right to question
the SPA given to my sister before his death. We concede they
are compulsory heirs and are entitled to my brother’s share.
Do they need to execute a SPA appointing someone else to
represent them? Are they bound by the SPA executed before
the death of my brother.?Do they have a right to question the
sale? All sisters are approving the sale. What rights do they
have other than inheriting my brother’s share.
I appreciate your expertise in this matter

I can’t comment for certain without examining the documents,
but SPAs in general do not survive the death of the principal
unless some there was some consideration for the agent’s
authorization. That’s probably not the case here. In any event,
it is probably best that you resolve matters with the brother’s
survivors before going on with a sale or disposition of the
property.
Bobby Paras on August 14, 2020 at 8:58 pm

A House and lot property was owned by a single woman
Without children and already dead. Who are the rightful heirs
to this property?
REPLY

Probably her nearest relatives unless there are none to be
found, in which case the property will be escheated to the
state.
71.
Mitch on October 18, 2019 at 5:25 pm
Attorney, Question too na hindi nacover sa post nyo:
9 siblings. One sibling died. She has children.
Three years after, another sibling died. She is single, without
any children, wala na ring ascendants. She left real properties
but no will. So only 7 siblings remain alive.
Ang properties po ba ng namatay na single woman ay divided
among sa 7 siblings po o divided by 8 dahil sa may right of
representation ang children ng isang unang namatay na
sibling?
REPLY
Atty. Francesco Britancio on October 21, 2019 at 1:53 pm

Hi:
There are so many considerations for estate, that this is not
really enough information to say.
Some factors are if the properties conjugal, the citizenship of
the heirs, wills of the deceased siblings, the documentation
that you have, etc.
Generally speaking (again this is difficult to say if this applies
in your situation since more information is really needed), a
grandchild inherits on behalf of her deceased parent.
REPLY

Lyn on November 4, 2019 at 4:11 pm

Good pm. Attorney, What if the person died is a Filipino,
single, no children and both parents dead already. But no will
was left who will inherit his house and lot. But he had one
surviving real sister but 6 half brother and sisters. Ang tanong
ko: does the only surviving sister will inherit the property of his
brother? Or does the half brother and sisters are entitled too?
Please kindly advise
Atty. Francesco Britancio on November 5, 2019 at 2:45 pm

Hi Lyn:
Art 992 of the Civil would be the reference here.
It essentially states that an illegitimate child cannot inherit
intestate from the legitimate children or relatives of the mother
and father.
Note that this is the general case.
Aeigh on July 23, 2020 at 2:35 am

Hi atty. if there is no will and the estate was divided amongst
alive siblings without the knowledge of an illegitimate child of
a deceased sibling of the heirs, is it legally allowed according
to Philippine law. As reading from this article I am having an
impression that the illegitimate child of a deceased heirs has
the right to the estate. Take note that the illegitimate child was
recognized and was sent to school by the siblings and mother
of the deceased heir. The illegitimate child was raised by the
family exclusively. Thank you for enlightenment. J
REPLY
Atty. Francesco Britanico on July 24, 2020 at 2:53 pm

The illegitimate child has the right to contest the division of
property. For both practical and legal reasons, this has to be
done fairly soon after he learns about the settlement of the
estate that excluded him.
72.
Jilly on September 18, 2019 at 7:08 am
Ok
Filipina with house in her name with mention on deed of
American husband. If the husband dies first the filipina gets
100% of the house but if the Filipina dies first then where
does that leave the American husband with the house?
REPLY
Atty. Francesco Britancio on September 18, 2019 at 11:41 am

It depends.
Is there a valid will?
When you say house do you mean house and lot?
Check out this post on foreigners and land in the
Philippines: https://lawyerphilippines.org/2016/03/28/can-a-
foreigner-inherit-land-in-the-philippines/
This will likely help you.
REPLY
Eda on December 11, 2019 at 4:01 am

I’m an illegitimate child and my mom admitted to me that her
rich boyfriend is my dad. My son just had his dna test and one
of the relatives of my mom’s boyfriend appeared to be my
son’s relative too.i just want to know if I have the right to
inheritance since that rich guy is dead a long time ago.
REPLY
Atty. Francesco Britanico on December 11, 2019 at 10:57 am

I will send an email.
73.
Romeo on September 15, 2019 at 3:15 am
Hi Atty.
An agricultural land in the name of my deceased aunt and
uncle-in-law was covered by DAR CA (Compulsory
Acquisition), with LBP-appraised value of 1.2M. My aunt died
before my uncle-in-law. They had 1 legitimate daughter who
also passed away. My uncle-in-law had 5 illegitimate children
(with 2 mothers). My father has 3 other living brother (1) &
sisters (2) (both parents of my father & his siblings are
deceased).
What is the legal intestate share of my father & his 3 siblings,
and the 5 illegitimate children of my uncle-in-law? Salamat
DAR or Department of Agrarian Reform
LBP or Landbank of the Philippines
REPLY
Atty. Francesco Britancio on September 16, 2019 at 12:49 pm

Hi Romeo:
I do not know your situation so can only comment in
generalities.
In Philippine law, the children will inherit. The siblings will not
inherit if there are legitimate or illegitimate children.
Note – estate can be complicated and it really requires
document review and a full understanding of the situation.
REPLY
74.
Napoleon Jabagat on September 13, 2019 at 3:36 pm
Good day Atty.,
My parents acquired real properties during their marriage.
They both died already. They left eight (8) children. Later, my
brother died without a will and without a child, but is survived
by his legitimate wife. Does the wife of my brother inherit
portion of the estate my brother inherited from my parents
when my brother died? If so, to up to what extent?
I will greatly appreciate your answers to this question Atty.
Many thanks.
Nap
REPLY
Atty. Francesco Britancio on September 17, 2019 at 5:41 pm

A legal wife inherits from her husband unless he had a will
disinheriting her on valid grounds or there are other
considerations (citizenship of the legal wife, etc.) that preclude
inheritance.
REPLY
Norilyn on October 22, 2020 at 10:58 pm

Hi attorney yong tita ko po divorce then my ampon at yong
tatay ko lang ang nagiisang tunay nyang kapatid so sino po
ang mas may karapatan sa lahat ng ari arian ng tita ko po
thank you


This depends on whether the children are legally adopted or
not.
L.John on March 22, 2022 at 9:22 pm

Hello,
Is my mother still entitled to estate inheritance if she is the
2nd wife? My Father married my mother a few years after the
first wife died. Although it is stated on the title the owners are
my father and his wife. Is my mother still included when we
divide the estate or will it still include the first wife?
Thank you!
FCB Law on March 23, 2022 at 9:44 am

She would be entitled to inherit from him. However, what
properties or portions of the properties are included in his
estate will partly depend on how the first wife’s own estate
was settled.
75.
Jay-Ar on September 5, 2019 at 12:44 am
Good Day Attorney,
My father has 5 siblings. My father died when I was young.
We’ve lived in this building apartment owned by my
grandparents (parents of my father) since birth. Both my
grandparents died decades ago. The building apartment is
still under my grandparents’ name. The siblings of my father
are selling this building apartment. I’m an illegitimate child. My
father has no legitimate child. I’m the eldest among his kids.
As far as I know, there is no will, they have been fighting over
this building apartment for decades. Now they have all agreed
to sell it. Can my uncle’s and aunt’s sell this building
apartment without my consent? If they do sell it, do I have a
share? Do I have a right on my father’s share?
I hope you can give me an advice on this situation.
Thank you.
REPLY
Atty. Francesco Britancio on September 5, 2019 at 9:28 am

Hi Jay-Ar:
Yes illegitimate children have a right to their share of their
father’s property.
REPLY
Max Steve terania on November 11, 2022 at 2:03 am

hi atty.
my grandparents left a parcel of land under his name and
have a rep.name of his daughter but they both deceased now
and also all the children of mya grandparents are also died.
Now would like to ask who will be the next heirs of my Auntie
who have no child and spouse? Because our cousin want to
claim it because they told us that is called common property
from my grandfather but my mother told us that land give by
our grandparents to my father and to his youngest brother
REPLY

This really depends on what paperwork exists or can be
traced, and on whether valid legal transfers were actually
made while the persons were living. It will be difficult to make
assertions without evidence.
76.
Rita on August 27, 2019 at 10:26 pm
What happens when a person dies with husband but without
children. Who will inherit the assets and money the husband
only or will be divided with the parents?
REPLY

Atty. Francesco Britancio on August 28, 2019 at 10:08 am
Hi Rita:
Is there a will? What citizenship is the spouse? There is not
enough information to answer your question.
If there is no will, the heirs and the deceased are Filipino, and
assuming no other confounding factors are present, then the
spouse and the parents equally divide the estate.
REPLY
Jovic on August 21, 2020 at 6:13 am

My mother died in 1989, she was widowed at the time of her
death, she was a Filipino citizen. She had a holographic will
which left her estate (house, cash, 15 hectares of land) as
named to her 7 children. The cash was divided equally among
the children according to her will in 1990. The house
eventually sold last year after being rented for many years.
Today there are only 5 living children. Are the children of my
deceased sisters entitled to their share from the sale of the
house. The 2 grandchildren are US citizens. Thank you.

Yes, they inherit in representation of their mothers.
77.
Cathy Fernandez on August 19, 2019 at 2:35 pm
Good day Attorney,
I need an advice from you regarding heirs of my father
inherited from his father but not a conjugal property. The main
lot heredity is came from his grandfather. My father has 1
sister and 1 brother, they were 3 children in the first wife
whom married. His mother died when they were still a kid.
The father was link with other woman whom they had 5
children but there is no proof of married. The parents are both
died without Will. My concern is how to divide the heirs from
the first wife (married) with 3 children and for the second wife
(not married) with 5 children. Do they received and equal
share since the lot came from their grandfather? Please help.
Thanks
REPLY
Lawyers in the Philippines on August 19, 2019 at 5:58 pm

Hi:
This is very difficult to answer since I would need to assess
the documents and better understand the situation. If there
are other relevant facts, then the information below will
change. Relevant facts would be if the property was
exclusive, under what property regime this would be, the
estate documents etc.
As such, I cannot answer.
I suggest that you send the documents and complete facts to
our email so that I can better understand the situation.
REPLY

Ya on April 21, 2021 at 12:38 am

Hi Attorney, what if there is no will, and one of the legitimate
children died but he has one child. Will the child inherit all the
supposed portion of his deceased father? What will be the
hierarchy or order of choosing portions of the property? Will
the children of the deceased children go first then the child of
their deceased sibling?

Yes, the child of a deceased heir will inherit in representation
of and in the same right as the latter. This means that in a
scenario where the property is left behind by the child’s
grandparent, the child will be an equal heir with his uncles and
aunts.
They would all have to agree on the division of the property.
Otherwise, they would have to argue the division in court.
Trina on July 27, 2021 at 2:45 pm

Hi atty,
My friends case is that: she was abandoned by her father
when she was about 1-2 yr old. Her mother could not raise
her so her aunt and uncle who did not have a child, adopted
her and registered her in their name. Her mother later lived
with another man, but did not marry him.
Her biological parents are now both deceased and they left
some properties (land).
Relatives informed her that the properties are being disputed
by interested parties.
How can my friend claim her rights over such properties of her
parents?
Thanks.

She may opt to file cases to settle her biological parents’
estates and prove her relationship. This will depend on the
legality of her adoption and the evidence and records that she
has.
Jerome Tala on April 22, 2021 at 10:42 pm

Hi Atty.
I just want to say thank you first for answering all the
questions here po.
Its really a great help specially to those who do not know
where to start or lost when it comes to situations like these.
I also have my own question po and apologies if answered
already somewhere in the comment section.
My widowed grandmother died leaving no will, she has 4
children but 1 of them (my uncle) died already leaving a
spouse and 5 children.
I would just like to check if my uncle’s share (25%) would be
given to his wife only or must be split into the wife and the
children as well?
Thank you for the time Atty and well appreciated.
REPLY

Assuming your uncle predeceased his mother, your uncle’s
widow would not be his mother’s heir. Instead, his 5 children
would inherit in representation of their father.
Jay Novilla on November 16, 2022 at 4:00 am

Hi Atty ask ko lang po kasi yung mayari ng bahay at lupa ay
nmatay na wala na din pong mga anak kasi namatay na din
meron pong isang apo daw na ng claim sa property kaso wala
syang maipakitang proof na apo talaga sya. Since kami po ay
nkatira sa property ng more than 20yrs may rights po ba
kaming iclaim yung property? Kung pede po ano need nmin
gawin?May utang din po pala yung may ari samin ng 20k
since 1997 po. Thanks

It may be possible to acquire ownership, but it depends on the
manner of your occupation since 1997 and whether or not the
land is titled. You may want to consult with the local
assessor’s office and register of deeds to find the title
registration so that a lawyer can better advise you.
78.
Anthony on July 30, 2019 at 12:45 am
Hi,
What if the wife was not legal wife? That she was married
before but then remarried foreigner? is her children with him
then illegeitamate? if he passes away who inherits then? He
had one child from the previous marriage.
REPLY
Lawyers in the Philippines on July 30, 2019 at 9:33 am

Hi Anthony:
I am confused as to the situation.
In general — illegitimate children inherit from their parents.
Their share is usually 1/2 of the share of a legitimate child but
it can vary depending on the family situation.
REPLY

kathy on July 18, 2022 at 8:50 am

Hi po Atty.
paano po ang division ng estate asset ng lola ko na single at
patay na rin po ang mga kapatid nya, pero may mga anak ang
5 kapatid nya? yung isang auntie ko po 6 and anak nya, then
yung iba dalawa, i divide po ba equally sa mga pamangkin or
based po sa right of representation sa parents po nila?
salamat po!

This would be based on the right of representation.
Nino on August 9, 2019 at 12:56 pm

Good day Attorney,
What if the situation is this:
Under intestate succession, there is a Surviving Spouse, 3
Legitimate Children, and 4 Illegitimate Children and the
amount of net estate distributable to the heirs is amounted to
3 million. How should the estate be divided?
I tried to apply the rules you have given on “1SS, 2 or more
LC, 2 or more IC” but I cannot satisfy the minimum of 1/4
given to spouse because it will impair the provision about the
surviving spouse should have equal amount to 1 legitimate
child.
REPLY
Lawyers in the Philippines on August 9, 2019 at 3:13 pm

Hi:
There are a lot of assumptions that I check when I evaluate
an estate.
However, in general, if I assume that the deceased is a
Filipino without a will, then the net estate of Php 3M would be
500,000 for the legal wife, 500,000 per legitimate child and
250,000 per illegitimate child.
Please note – I made many assumptions since there was
limited information. The above data would change if more
information is brought to light.
Edna on June 9, 2021 at 2:46 am

Hi Atty. we the heirs of our grandfather decided to selll the lot
own by our grandfather, but one of the heirs refused to sell his
share can we still sell the lot even his refusal? Edna

The heirs must be in unanimous agreement. If they cannot
agree, they would have to go to court judgment to divide the
property.
Liza on October 9, 2020 at 10:15 am

Namatay po ang mother ko and mariried to a British with 3
childrens. My mother have properties in the
Philippines .Makukuha ba ng mga British ang bahay ng nanay
ko ? naka pangalan po sa nanay ko pero gamit nya apelyido
ng British .
REPLY

The foreign husband can be an intestate heir to the land in the
Philippines along with the mother’s children.
We have written on this here.
Jackie on July 29, 2021 at 3:03 am

Hi Atty,
General questions only is it ok not to transfer title and live the
title name of diseased parents forever and just keep paying
yearly property tax because children don’t want to sell the
porperty..


That is up to the heirs, but they may want to take advantage
of the newly extended estate tax amnesty.
Vanessa on November 10, 2020 at 7:30 am

Hello sir,
What if wife died had 4 children then remarried and made 9
children and 1 from the 4 children died with no wife no
children how would be divided into who is who have more
rights, since the second marriage had 9 children and the 1st
had 4 less 1 dead. So how equally the shares divided.
REPLY

Children inherit from their parent’s net estate.
Determining the parents net estate will be key to this as well
as fully understanding the family situation. It is impossible to
tell from this current narrative.

Bobby eufracio on April 23, 2021 at 11:41 pm
My two unmarried and no children brothers received their
share of inheritance from our deceased parents, a residential
lot. Can they sell ithier inherited lot to me now that they are
still alive…so there won’t be any problem on inheritance…
they don’t want their share of the inheritance to be partly
inherited by one of our nephews who is a drunkard and once
last nov. 2020, attacked our residence holding bolts on both
hands and attempted to kill me. Is selling the property now to
me the best remedy and a short cut ? Thank you attorney

They can choose to do what they wish with their property,
including sell it.
Karol on November 3, 2021 at 5:43 am

Hi Atty,
Issue: i am single, no children,filipino citizen. My parents have
died but i have legitimate siblings. Can i make a will Giving all
my legal share that i inherited from my deceased parents to
anyone not a member of the family. I only have my siblings
and nephews

Yes, you have no compulsory heirs. But you must consider
that if you want your will to be respected then you should
leave the will in the possession of someone who can see to its
probate unless you have it probated while you are still living.
Also, your parent’s estate should first be settled if this has not
yet been done.
Aiza on January 8, 2022 at 10:02 pm

My aunt died and she is single with no children and while still
alive she is living with her sister who is also single and has a
daughter, they are 10 siblings And 8 of them are married…
who will inheret her property?

Either her parents or her siblings may each be equal heirs.
Ina on January 10, 2022 at 9:46 pm

Hello Atty, I hope this thread is still active.
My great grandmother inherited a land. She has 3 legitimate
children and 2 adopted children (1 with written agreement and
the other 1 is adopted verbally) now all 3 legitimate children
died and the verbally adopted son died also.
My question is, are the children of the verbally adopted son
still part of the land inheritance?
I badly need your advice Atty. bcoz the verbally adopted’s
daughter is very greedy than the legitimate grandkids.
Thank you po.

Adoption does not allow the child of the adopted child to
inherit from a grandparent in representation of the parent. But
you may have to prove that the child is not a legal, biological
child if the birth certificate / papers were falsified long ago.
Iah on November 15, 2020 at 12:36 pm

Hi,
I would like to ask whether the oldest child’s family will inherit
the house from the owner (which is his mother), if the oldest
child is already deceased.
REPLY

The children of the deceased child do inherit through the right
of representation.

Elle on August 3, 2021 at 4:24 pm

Hi Atty,
Do daughter in law inherit if husband already died at father in
law’s property if they don’t have a kid/kids?
FCB Law on August 5, 2021 at 2:24 pm

Not from the father-in-law in those circumstances.
Jenefer Torral De la Torre on December 6, 2021 at 10:03 pm

Hi atty, if my spouse and his siblings inherit their brother’s
house (single and no children) and he and his siblings
decided to sell the house, will they need their spouses’
signature or consent to sell it?
FCB Law on December 11, 2021 at 7:08 am

Property inherited during the marriage is generally not
considered part of the conjugal property.

Lilian on December 18, 2020 at 6:34 pm

What ifthe father dies and he has surviving wife and 2
legitimate daughters at legal age, how the law will duvide the
state of the deseased father?
(The properties is conjugal)
REPLY

Under Philippine intestate law, the property will be inherited
by the wife and the children.
Maria Lina Wilbert on April 23, 2021 at 11:51 pm

We own a piece of property inherited from my parents. There
are six children and one is now deceased leaving a spouse
and two children who are compulsory heirs of the deceased.
We found a buyer for the property and youngest sister has a
SPA tot negotiate , receive payment and distribute it to the
heirs including the spouse of the deceased. Does the spouse
have a right to look at all the contracts of sale, proposed
Absolute Deed of Sale that is being handled by the attorney in
fact, other than receiving the share that is equal to what we
are receiving, what rights does she have in reviewing all
documents. There is no problem on the price of the property
and there is no problem in giving them their share. Thanks so
much as this is causing an issue and delaying the sale.
REPLY

We do not have enough facts to say, but a surviving parent
typically has authority to act for an on behalf of minor children
in such a situation.
Phil on February 21, 2022 at 8:27 am

If the ‘ampon’ is adopted through falsified papers. Can the
‘ampon’ claim for inheritance?
REPLY
FCB Law on February 22, 2022 at 9:42 am

The papers will be presumed authentic unless they are
cancelled by a court order.
79.
Star on May 25, 2019 at 3:36 pm
Hi Attorney,
Kung ang situation po is no child no spouse, but there is a will
specifying only people he/she wanted to get the inheritance
(not the siblings, not the parents) pwede po masunod ang
will?
thank you po.
REPLY
Lawyers in the Philippines on May 27, 2019 at 11:14 am

The case is that there is no will, no child, no spouse and I
assume that the deceased is a Filipino citizen?
If so, then the parents would inherit. If no parents are living,
then the siblings would inherit.
If the deceased is not a Filipino citizen, then other rules may
apply.
Note this is general information and can change should other
information come to light.
REPLY
Dave Varona Delotina on April 15, 2021 at 9:07 pm

How about if all of my siblings has its own family and I am the
only one who doesn’t have. Also, I am the beneficiary of our
late father. What will happen? Does the estate needs to be
divided equally?

Yes, siblings inherit equally under the law.
Ann on May 16, 2021 at 5:19 am

Hi atty ,
What if the deceased is single anf there is no will, how are
properties divided? How will the businesses divided?

This depends on who the remaining heirs are.

Bel on May 19, 2021 at 7:17 pm

Attorney what if the one of the sibling is outside philippines is
he or she still need to indicwte on the EJS?

Yes
------------ on July 15, 2021 at 1:01 pm

Dear Atty.,
I just want to ask your honorable answer in my case wherein i
have an adopted brother without any legal adoption paper but
he has a birth certificate indicating my mother’s acknowledged
on it. Does he has the right to inherit on the assets of my
deceased mother and there was no last will been made by my
mother.
Thank you for your response for my queries.
Sincerely,
———-

He will be presumed to be a real child and therefore and heir
of the deceased unless it can be proven otherwise.
Jane on October 17, 2021 at 6:42 pm

Hi atty!
What if grandparents died and only son died. But they have
grandchild(son of deceased). Is he entitled to inherit? and he
is still a minor.

Yes.
Stewart on March 23, 2022 at 3:37 am

Hello, My father recently passed away in the Philippines. I
have had minimal contact with him for sometime due to his
alcoholism. He moved there in 2019 to live with a Filipino lady
he had met online. I am not sure whether they were married
there or not. My question is to how I find out if he left a will
and how to obtain a death certificate and possibly have his
remains sent back to the United States. My Aunt was the one
notified of his passing by the woman he lived with in the
Philippines. Thanks for your time and any advice that you can
offer.

FCB Law on March 23, 2022 at 9:33 am

Much of this may be coordinated with your embassy.
If you find you still need our help, we can be reached through
our form on http://www.lawyerphilippines.org
Alicia Maurer on June 3, 2020 at 4:32 am

What about when the deceased has NO child,
Parents/grandparents are dead, but has 3 siblings but there is
a will leaving all her assets to others, other than the siblings.
In this case there are no compulsary heirs but has legal heirs
(siblings), will all assets be inherited by the people named in
the will?t
REPLY

Yes, the deceased has the right to allot the assets according
to his wishes. The will shall have to be probated in court in
order to be effective and actually transfer property.

JHENG on December 16, 2020 at 8:23 am
Good Day, Attorney!
My father, a retired military, died last February. He is an AFP
Pensioner. We are his second family. He met my mo myears
after he got separated from his first wife.
I just want to ask, do we, his second family, be considered as
beneficiary to his unclaimed pension and the suceeding
ones?
The last time I heard was that my dad’s first wife is now in a
Home Care in Los Angeles.
Also, what are my rights as his child?

All children are entitled to their parent’s estate unless
disinherited formally. If you are illegitimate, the share of his
estate is less than a legitimate child.
Karen on June 28, 2021 at 12:38 am

Hi Atty.
My grandmother left a land and only my mom is living among
the 5 children. Who will inherit the land? Should it be divided
among the 5 siblings and the share of the deceased siblings
given to their children EQUALLY? Thank you.


The legitimate grandchildren would inherit proportional shares
in representation of their respective parent’s share.
Monica ana navarro on July 23, 2021 at 9:54 pm

Attorney is it true that if the one of the tagapagmana has
passed away his children will no longer receive anything?

No. Legitimate children can inherit in representation (in the
place of) their deceased parent.
bryan michael mallari on November 10, 2020 at 1:25 pm

is there any written law in the Philippine constitution that the
youngest son will be the only one who has the rights to inherit
the parents house?
REPLY

Atty. Francesco Britanico on November 10, 2020 at 2:42 pm

That is not in any law.
Fernando on June 16, 2021 at 7:19 am

Hi Atty,
How can we the 12 heirs inherit the real properties of our
deceased father, died 34 years ago. The decedent has only
tax declarations in his name. The heirs paid his real taxes and
has no delinquency., all fully paid up until 2021.
Thanks

If all the heirs are in agreement, an extrajudicial settlement of
the property can be drawn up and the properties divided
among them through it.
We may be able to help if you fill out our form for this on the
homepage https://lawyerphilippines.org/
Jocebelle de Guzman on June 20, 2021 at 6:40 pm

Hi Atty,
What if the dead owner has no will, parents were dead and
siblings were dead. Who has the right to his properties then?
Thank you.

The closest relatives up to the fifth degree may inherit,
beyond which the property is escheated to the government.
JUSTIN COCAL on October 15, 2021 at 3:00 pm

Hi Atty., I would like to raise this question. We are a tenants of
a private property but the owner (title owner) is dead and also
his spouse. Now, before his death he likes to donate a parcel
of land to us since we are his tenants for 25 years but
unfortunately they both dead right before he donates it. No
donation letter written just verbal. Does we have a right to
own the land if all of their children sign a contract stating the
the land will be donated for us. Hoping for you kind answer.

All their children will have to agree and they will also have to
settle their parents’ estate, but yes.

Kay C. on March 20, 2022 at 6:17 pm

The mother died and left the house to her 7 children without a
will. 2/7 are deceased; 4/5 agreed to sell the house; and 1/5
disagrees. What will happen in this case? Thank you, Atty.
FCB Law on March 23, 2022 at 1:30 pm

No extrajudicial settlement is possible without unanimous
agreement. Someone would have to file a court case to settle
the estate if the heirs cannot agree.
Marjorie on December 11, 2020 at 9:31 am

Good morning po Attorney. Pano po kung may 7 anak as
unang asawa ang Lolo ko. Tapos nagkaroon siya ng
pangalawa asawa at kinasal din sila pero wala po silang anak.
pano po ang paghahati ng kanyang lupa ngayong wala na
siya at walang will?
REPLY

Figure out the net estate of your grandfather. Determine who
the compulsory heirs are. Determine their status (legitimate,
illegitimate, etc.) and then gather and assess the property
documents. Then, you will be able to determine the correct
shares for each of the heirs. Note also that dates of death will
be significant.
Raquel on May 6, 2021 at 11:10 pm

Hello Atty,
Meron akong auntie matandang dalaga syang namatay na sa
amin piling may inabot sya sa akin tittle ng lot ngunit wala
kasulatan ngunit ito ay inaangkin ng kayang kapatid na buong
buhay na kaaway ng auntie ko. Ano po ba ang dapat gawin?

You can either opt for an extrajudicial settlement of the estate
where all the heirs agree among themselves on how to divide
the property or go to court and litigate on the issue there.
Wendy on May 18, 2021 at 7:07 am

Do daughter in law have a share in mother in law property if
husband is already dead. And and she also has 2 living
children. Or my children can have a share of the property.


The husband’s children can inherit in representation of their
father.
Maricar Valenzuela on December 19, 2021 at 2:06 am

Good day Atty,ask ko lang po what if the owner of land
died,and all his 8children we’re also dead,and his wife. I
assumed all his siblings died too.. ano po mga need na kunin
sa mga natirang heirs like apo&apo sa tuhod for assurance na
walang babawi po ng land. And ano po dapat gawin/execute?
Maraming Salamat po atty. Godbless po.

They would have to execute and register an extrajudicial
settlement of the estate of the deceased.
TempName on April 13, 2021 at 11:37 am

Hi attorney, i hope this thread is still active..
We 5 siblings are illegitimate children.. my father owns 2 land
titles via deed of absolute sale from his parents.. when my
father died, my grandmother, his mother, was still alive.. now
she died, my fathers properties are still under his name.. now
my fathers siblings are claiming half of my fathers property
because according to them, when he died, half of his estate
goes to his mother, now she died, her share goes to her
children.. they are 7 living siblings of my father.. we want to
claim our fathers property but the land title is being held by my
uncle, father’s brother.. please give me advice, help me
regarding the truth of this matter, we are poor and could not
afford a lawyer.. thanks..
REPLY

It seems that the law that applies is this provision in the Civil
Code:
Article 991. If legitimate ascendants are left, the illegitimate
children shall divide the inheritance with them, taking one-half
of the estate, whatever be the number of the ascendants or of
the illegitimate children. (942, 841a)
Half the property goes to his mother while half goes to his
illegitimate children.
You should bring this up with the Public Attorney’s Office for
guidance on how to implement it.
venhart Ang on May 18, 2021 at 2:59 pm

My eldest sister died, she is not married and had no children,
our parent and grand parent are all dead, we are three
surviving siblings left, two other siblings had long died, who
gets the inheretance? Are dead siblings or their children
entitled to inheretance? If so how much will theu get?
REPLY

Her siblings’ children are also entitled to inherit in
representation of their parent.
venhart on May 20, 2021 at 5:00 am

Can we as siblings, and as the inheritors of our sister who
died, execute a will so that when we all died, the proceeds of
the property can not goes to our nephew whom we do not
trust and appoint someone else whom we trust?

The relationships are not clear enough for us to speak to this
situation.

joy on June 22, 2021 at 9:25 pm
atty how about.my untie have property she died long time ago
and no kids the husband died,and my father is only a half
brother of my auntie but also died do i have the right to the
property of my auntie,thank you

It is possible if your father and aunt were legitimate siblings.
There is not enough information here for us to say.
Elvira torrente on December 16, 2021 at 3:09 pm

Can i ask a reply for this situation

We answered the question as far as the available information
allowed.
Dona on August 23, 2022 at 11:08 pm

Hi atty. If some properties under an unsettled estate have
been sold by 1 of 6 heirs (through forgery), can the 5 heirs
sue the one who sold? What kind of case- civil or crimimal or
both?

Yes. Possibly criminal and civil.
Nico on June 11, 2021 at 3:46 am

Good day Atty, how to determine if adoption is legal to
validate the legality if legitimate or illegitimate?
REPLY

This depends on the specific facts, but the birth record is
presumed to show the legal parentage unless there is proof to
the contrary.
Anacoreta M. Lorena on November 7, 2022 at 9:40 am

Hi Atty. A single person dies without
descendants/ascendants/siblings. The only living relatives are
aunts. Are they considered the legal heirs?

Yes, they can be.
Yun on December 29, 2022 at 4:43 pm

Hi. My aunt is a widow who has no children. She was married
and has a stepdaughter.
Do step children have a share in their stepmother’s estate
when she dies?
My mom is the only living sibling of my aunt. Will that make
my mom and her children the legitimate heirs?

The stepdaughter is not her heir, but her properties may be
partly conjugal so that the stepdaughter has the right to inherit
part of them as her share of her father’s estate.
Virginia N Lee on June 30, 2021 at 6:40 am

If a married daugjter die without any children and her only
property is 1/3 interest in a real property inherited from
deceased parents,( the other 2/3 is in the name of children of
deceased siblings) will d surviving soouse inherut all of the
propery? What if the spouse also died will siblings of d
deceased spouse inherit d property
REPLY

The surviving spouse would inherit from her together with her
siblings. The siblings or their legitimate children would inherit
if he is deceased.
Nene on October 21, 2021 at 7:40 am

I have uncle just pass away no children his own but he had
legal adopted son… who will own his all property.? Can the
alive brother and sister can i hve share from his brother?

His son will inherit in the absence of a last will and testament.

Adel on December 17, 2021 at 12:59 am
Attorney, if my husband passed away earlier than my father in
law, will my children have a right to inherit from their
grandfather?
REPLY

Generally, yes. They inherit by way of representation of their
father.
Aira on June 24, 2022 at 7:16 pm

Hi Attorney…Follow up question what about the legal wife of
the deceased husband will she also inherit from her father in
law as arepresentation of his husband? Aside from her
children

No, only the children are heirs in representation of their father
in this situation.

Redacted on August 31, 2022 at 11:03 pm
Hi attorney,
My father is deceased. I have 2 siblings. My mother wants us
to sign an extrajudicial settlement with waiver of rights for our
properties. Me & my siblings agreed not to sign any
documents pertaining to our rights of the property. My mother
is so eager that she wants to make a bypass/overide our
rights. Is it possible that she could take over all our rights to
the property eventhough we will not sign any documents
especially an extrajudicial settlement with waiver of rights?
She said there’s someone she know would help her from a
(fiscal) to make it through even without us signing. Thank you
& god bless po.
REPLY

She would have to resort to fraud or falsification to do so.
jpoo on December 4, 2022 at 2:23 pm

good afternoon atty, what if 3 legitimate children and 1
incapacitated child.,, wat will be the partition of those siblings?
REPLY


Assuming they are all legitimate children, are the only heirs,
and there is no will then the estate will be divided equally into
four parts.
The incapacitated child’s assets may have to be administered
by his legal guardian.
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Succession Research

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Succession etymology

English word succession comes from Latin

successio Latin (lat) Succession. Successors (collectively).

Statutory succession means the order in which

 NOTES AND LEGAL FORMS

3. The transmission takes place only by virtue of death

4. The transmission takes place either by will or by operation of law

5. The transmission to another

1. Death of the decedent

3. Rights or properties are transmissible

4. Transferee is still alive (didn’t predecease)

5. Transferee is capacitated to inherit

6. Acceptance of the inheritance by the successor

1. Testamentary – succession by will

2. Intestate – succession in default of a will

Treatment of accruals under the laws of succession:

b. Article 781 refers to accruals after the death of the testator

1. a. Article 793 accruals don’t always pertain to the testate heirs

b. Article 781 accruals will always pertain to the testate heirs

Extrinsic For Filipinos

1. Governing law as to time

Article 795 – law in force when will was executed

Same rule (assumption: will is being probated here)

2. Governing law as to place

Law of place of execution

Law of place of execution

Intrinsic For Filipinos

1. Governing law as to time

Article 2263 – law at time of death

Article 16, Article 1039 – depends on personal law

2. Governing law as to place

Article 16, Article 1039 – Philippine law

Article 16, Article 1039 – national law

1. All persons not expressly prohibited by law

2. 18 years old and above

2. Holographic – Articles 804 & 810

Common requirements that apply to the 2 kinds of wills 1. In writing

2. In a language or dialect known to the testator

REQUISITES FOR VALID NOTARIAL WILL:

2. Executed in a language or dialect known to the testator

7. Must contain an attestation clause, stating the following:

1. The number of pages of the will

8. Must be acknowledged before a notary public

1. Read will personally, if able to do so;

Additional requisite if blind:

Will shall be read to him twice:

1. Once by one of the subscribing witnesses

2. Once by the notary public before whom it is acknowledged

REQUISITES OF HOLOGRAPHIC WILL:

2. Executed in a language or dialect known to the testator

1. Notarial will can only be amended through a codicil

2. Holographic will can be amended in 3 ways:

2. Certain dispositions or additional matter may be suppressed or inserted PROVIDED that

Effect of cancellation, addition insertion), or erasure on the validity of the will

3. If made by testator but not handwritten: entire will is nullified

Qualifications of a witness and a testator:

1. At least 18 years old

2. Physically fit (not deaf, dumb, blind)

3. Literate, able to read and write