When someone passes away, his property goes to his lawful heirs.
In the law on inheritance, these legal heirs or compulsory heirs inherit through testate and intestate succession in the Philippines.
Testate Succession in the Philippines covers inheritance when there is a Will.
Intestate Succession in the Philippines covers inheritance when there is no Will.
So, unless a compulsory heir is disinherited, inheritance rules in the Philippines ensure that certain people must always inherit.
This article discusses Philippine succession law and covers testate and intestate heirs in the Philippines.
The focus is on helping you to understand WHO will inherit property after a person’s death and WHAT amount.
To do this, you will some basic ideas in property inheritance law in the Philippines:
- Wills must obey the rules on succession in the Philippines. The law on succession in the Philippines define who inherits even under a will, and the will maker can only give away the portion that is not allocated to them.
- Wills can only remove compulsory heirs if the will follows the Disinheritance section of the law of Succession in the Civil Code of the Philippines. This can be a little complicated, so you must consult a lawyer.
- When a child has passed away before a parent or grandparent, his children are entitled to inherit through the Right of Representation under Philippine law. However, the share those children inherit is only the share of their parent, and not more than that.
- 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 under Philippine law. However, the share they inherit is only the share of their parent, and not more than that.
- Legitimate, Illegitimate and Formally Adopted children inherit in all situations under the Rules of Succession in the Philippines. ‘Ampons’may not inherit under intestate succession.
- Remember that this is only a guide. Wills, land inheritance laws, the order of succession in the Philippines – these can all get complicated and it is always best to talk to a lawyer.
Compulsory Heirs – When the deceased has children
No 1 – 1 Legitimate child or Legitimate children
With a will:
- Legitimate children (or their children) – 1/2 of the estate divided amongst them
- Free portion – 1/2 of the estate
- Example: If the estate is worth P1M, then the legitimate child must inherit P500,000. If there are 4 legitimate children, then each inherits P125,000. The remaining P500,000 can be left to whomever the estate owner wants as stated in the will.
Without a will:
- Legitimate children (or his children) – all of the estate divided amongst them
- Example: If the estate is worth P1M, then the legitimate child inherits the total estate. If there are 4 legitimate children, then each inherits P250,000.
No 2 – 1 Legitimate child & 1 Illegitimate child
- 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:- Legitimate child (or his children) – 2/3 of the Estate
- Illegitimate child (or his children) – 1/3 of the Estate
Example: If the Estate is worth P1M, then the Legitimate child must inherit P666,666 and the Illegitimate child must inherit P333,333.No 3 – 1 Legitimate child & Illegitimate children
When there are Legal Heirs of deceased and a Will:
- Legitimate child (or his children) – 1/2 of the Estate
- 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
Example: If the Estate is worth P1M, then the Legitimate 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
- 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.
- Illegitimate children (or his children) – 1/2 of the share of a Legitimate child
Example: If the Estate is 1M and there are 4 Legitimate 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 & Illegitimate children
When there are Legal Heirs of deceased and a Will:
- Legitimate children (or their children) – 1/2 of the Estate 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.
- Illegitimate children (or his children) – 1/2 of the share of a Legitimate child
Example: If there are 4 Legitimate children and 2 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
When there are Legal Heirs of deceased and a 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.
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