Under Philippine law (Civil Code), compulsory heirs are specific family members who are legally entitled to receive a portion of a deceased person’s estate, known as the legitime, regardless of whether a will exists or not. They are often called “forced heirs” because the decedent cannot freely dispose of their entire estate if these heirs are alive.
Who Are the Compulsory Heirs?
According to Article 887 of the Civil Code of the Philippines, the following are considered compulsory heirs:
- Primary Heirs: Legitimate children and their direct descendants.
- Secondary Heirs: Legitimate parents and direct ascendants (only in default of legitimate children/descendants).
- Concurring Heirs:
- The surviving spouse (widow or widower).
- Illegitimate children (both acknowledged natural children and other illegitimate children).
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