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    Table of Legitimes

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    PDL BARLIG
    1. The document outlines 16 scenarios of surviving heirs and their corresponding legitime or legal share of an estate under Philippine law. It provides the percentage of the net estate allotted to different types of legitimate and illegitimate surviving children, spouses, parents and their sharing arrangements. 2. For legitimate children, the legitime is one-half of the net estate to be divided equally among the children. Adopted and legitimated children have the same rights as legitimate children. The surviving spouse receives the same share as a legitimate child. 3. Illegitimate children receive one-half the share of a legitimate child. The legitime of illegitimate parents and children are also outlined and compared to those of legitimate

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    Table of Legitimes

    Uploaded by

    PDL BARLIG
    173 views2 pages
    1. The document outlines 16 scenarios of surviving heirs and their corresponding legitime or legal share of an estate under Philippine law. It provides the percentage of the net estate allotted to different types of legitimate and illegitimate surviving children, spouses, parents and their sharing arrangements. 2. For legitimate children, the legitime is one-half of the net estate to be divided equally among the children. Adopted and legitimated children have the same rights as legitimate children. The surviving spouse receives the same share as a legitimate child. 3. Illegitimate children receive one-half the share of a legitimate child. The legitime of illegitimate parents and children are also outlined and compared to those of legitimate

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    1. The document outlines 16 scenarios of surviving heirs and their corresponding legitime or legal share of an estate under Philippine law. It provides the percentage of the net estate allotted to different types of legitimate and illegitimate surviving children, spouses, parents and their sharing arrangements. 2. For legitimate children, the legitime is one-half of the net estate to be divided equally among the children. Adopted and legitimated children have the same rights as legitimate children. The surviving spouse receives the same share as a legitimate child. 3. Illegitimate children receive one-half the share of a legitimate child. The legitime of illegitimate parents and children are also outlined and compared to those of legitimate

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    173 views2 pages

    Table of Legitimes

    Uploaded by

    PDL BARLIG
    1. The document outlines 16 scenarios of surviving heirs and their corresponding legitime or legal share of an estate under Philippine law. It provides the percentage of the net estate allotted to different types of legitimate and illegitimate surviving children, spouses, parents and their sharing arrangements. 2. For legitimate children, the legitime is one-half of the net estate to be divided equally among the children. Adopted and legitimated children have the same rights as legitimate children. The surviving spouse receives the same share as a legitimate child. 3. Illegitimate children receive one-half the share of a legitimate child. The legitime of illegitimate parents and children are also outlined and compared to those of legitimate

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    TABLE OF LEGITIMES

    SURVIVING HEIRS LEGITIME SHARING


    1. Legitimate Child or One-half (1/2) of the Net If there are two or more
    children only Estate (Art. 888, NCC) children, legitime shall be
    divided equally (Art. 980,
    NCC)
    2. Legitimated and One-half (1/2) of the Net In relation to the adopter,
    Adopted Child Estate adopted child has the same
    rights as legitimate child (RA
    No. 11642, Domestic
    Administrative Adoption and
    Alternative Child Care Act)
    Legitimated likewise has the
    same rights as legitimate
    child (Art. 179, FC)
    3. Legitimate Children One-half (1/2) – Legitimate Divided equally among the
    and Surviving Spouse Children legitimate children. The
    spouse will have the same
    Equal to the Legitime of Each share as a child (Art. 892,
    Child – Surviving Spouse. NCC)

    The share of the surviving


    spouse will be given after
    giving the children ½ - taken
    therefore from the free
    portion.
    4. One Legitimate Child One-half (1/2) – Legitimate The surviving spouse may
    and Surviving Spouse Child inherit even if there is legal
    separation IF he or she is the
    One-fourth (1/4) – Surviving INNOCENT SPOUSE (Art. 982,
    Spouse NCC)
    5. Legitimate Children One-half (1/2) – Legitimate 2:1 for Legitimate-
    and Illegitimate Children divided equally (Art. Illegitimate; thus, one
    Children 888, NCC) illegitimate child will get ½ of
    the share of one legitimate
    An illegitimate child will get ½ child (Art. 176, FC).
    of the share of one legitimate
    child.
    6. Legitimate Parents and One-half (1/2) – Legitimate
    Surviving Spouse Parents and One-fourth (1/4)
    – Surviving Spouse (Art. 893,
    NCC)
    7. Surviving Spouse and One-Third (1/3) – Surviving
    Illegitimate Children Spouse; and,
    One-Third (1/3) – Illegitimate
    Children (Art. 894, NCC)
    8. One Legitimate Child, One-half (1/2) – Legitimate 2:1 for Legitimate-
    Illegitimate Children Child Illegitimate; thus, one
    and Surviving Spouse illegitimate child will get ½ of
    One-fourth (1/4) – Surviving the share of one legitimate
    Spouse (Art. 892, NCC) child and will be taken from
    the Free Portion) Art. 895,
    One-fourth (1/4) – Illegitimate NCC and Art. 176, FC)
    Child (Art. 176, FC)

    1
    9. Legitimate Children, One-half (1/2) – Legitimate The surviving spouse’s share is
    Illegitimate Children Children preferred over the share of
    and Surviving Spouse illegitimate children (Art. 895,
    The share of the spouse is NCC)
    equal to 1 share of a
    Legitimate Child and should If the remaining portion is not
    be taken from the free enough after giving the share
    portion (Art. 892, NCC) of the legitimate children
    and the spouse, the
    The legitime of the illegitimate shall divide the
    illegitimate children is ½ of balance Pro Rata (Art. 895,
    the legitime of the legitimate NCC)
    children (Art. 176, FC)
    10. Legitimate Parents One-half (1/2) (Art. 889, NCC)
    alone
    11. Legitimate Parents and One-half (1/2) – Legitimate
    Illegitimate Children Parents, and,

    One-fourth (1/4) Illegitimate


    Children (Art. 896, NCC)
    12. Legitimate Parents, One-half (1/2) – Legitimate
    Illegitimate Children Parents
    and Surviving Spouse
    One-fourth (1/4) – Illegitimate
    Children; and,

    One -eight (1/8) – Surviving


    Spouse (Art. 899, NCC)
    13. Surviving Spouse Alone One-half (1/2) (Art. 900, NCC) (1) The spouse inherits
    even if the marriage is
    voidable so long as the
    marriage is not
    annulled before the
    death of the other
    spouse;
    (2) If there is FINAL
    JUDGMENT of legal
    separation, the
    offending spouse is
    disqualified. There is no
    disqualification if there
    is still no decision.
    14. Illegitimate Children One-half (1/2) (Art. 901, NCC) Divided Equally.
    Alone
    15. Surviving Spouse and One-fourth (1/4) – Surviving
    Illegitimate Parents Spouse; and One-fourth (1/4)
    – Illegitimate Parents. (Art.
    903, NCC)
    16. Illegitimate Parents One-half (1/2) (Art. 903, NCC) The ascending line as
    Alone compulsory heirs stops at the
    illegitimate parents, the other
    illegitimate ascendants are
    not given legitimes.

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