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Succession Short Reviewer On Legitimes

When a person dies, their heirs acquire ownership of the estate immediately. The law in force at the time of death determines who the heirs are. A legitime is the portion of an estate that a testator cannot dispose of and must pass to compulsory heirs, which include legitimate children, parents, and the surviving spouse. The legitime for legitimate children or parents is 1/2 of the estate. The legitime for a surviving spouse varies from 1/4 to 1/2 depending on the presence of other heirs.

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Deborah Stewart
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366 views1 page

Succession Short Reviewer On Legitimes

When a person dies, their heirs acquire ownership of the estate immediately. The law in force at the time of death determines who the heirs are. A legitime is the portion of an estate that a testator cannot dispose of and must pass to compulsory heirs, which include legitimate children, parents, and the surviving spouse. The legitime for legitimate children or parents is 1/2 of the estate. The legitime for a surviving spouse varies from 1/4 to 1/2 depending on the presence of other heirs.

Uploaded by

Deborah Stewart
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© © All Rights Reserved
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SUCCESSION REVIEWER on LEGITIMES

When successional rights vest


At the moment of the death of the decedent (Art. 777)

 Consequences:
1. The law in force at the time of the decedent’s death determines who the heirs will be.
2. Ownership passes to the heir at the moment of death, therefore, from that moment, the heir
acquires the right to dispose of his share.
3. Heirs have the right to be substituted for the deceased as party in an action that survives.

LEGITIMES

Legitime – that part of the testator’s property which he cannot dispose of (by gratuitous title) because the law has
reserved it for certain heirs called compulsory heirs (Art. 886)

Compulsory heirs (Art. 887)


1. Legitimate children and descendants, with respect to their legitimate parents and ascendants
o “legitimate” – conceived or born in lawful wedlock
o Includes adopted children and legitimated children
2. In default of #1, legitimate parents and ascendants, with respect to their legitimate children and
descendants
o Illegitimate parents (no ascendants) – excluded by children, whether legitimate or illegitimate
3. Surviving spouse
4. Illegitimate children and descendants

Combinations of Legitimes
1. Legitimate Children alone ½
2. Legitimate Children ½
Surviving Spouse Share of 1 LC
3. 1 legitimate child ½
Note:
Surviving spouse ¼
 LC/LP/LA – always ½
4. Legitimate children ½
 If 1 LC  SS ¼
Illegitimate children ½ of 1 LC’s share (each)
5. Legitimate children ½  If >1 LC  SS = 1 LC
Illegitimate children E½ of 1 LC’s share (each)  Whenever LC and IC
Surviving spouse Share of 1 LC concur  IC = ½ of 1 LC
6. 1 legitimate child ½ o IC’s share subject
Illegitimate children E½ of 1 LC’s share (each) to reduction
Surviving spouse ¼  #10 is an odd
7. Legitimate parents alone ½ combination.
8. Legitimate parents ½
Illegitimate children ¼
9. Legitimate parents ½
Surviving spouse ¼
10. Legitimate parents ½
Illegitimate children ¼
Surviving spouse 1/8
11. Surviving spouse alone ½ OR 1/3, if marriage in articulo
mortis, died within 3 mos., did not
cohabit for more than 5 yrs
12. Surviving spouse 1/3
Illegitimate children 1/3
13. Surviving spouse ¼
Illegitimate parents ¼
14. Illegitimate children alone ½
15. Illegitimate parents alone ½

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