Under Philippine law, compulsory heirs, mainly legitimate children and descendants, the surviving spouse, and in some cases parents and illegitimate children, are guaranteed a portion of the estate called the legitime, which cannot be freely given away. Only the remaining free portion may be disposed of by will.
Many Filipinos assume they can leave their property to whomever they please. In truth, the law protects certain family members by reserving part of the estate for them. Understanding compulsory heirs and the legitime is essential for anyone making a will or settling an inheritance. This commentary explains the basics.
Who Are the Compulsory Heirs?
Compulsory heirs are those the law obliges you to leave a share of your estate to. They are:
- Legitimate children and descendants (primary compulsory heirs);
- Legitimate parents and ascendants (secondary — they inherit only in the absence of legitimate children or descendants);
- The surviving spouse; and
- Illegitimate children.
What Is the Legitime?
The legitime is the portion of the estate reserved by law for the compulsory heirs. The person making a will cannot impair it — any disposition that reduces a compulsory heir's legitime is not allowed to that extent. Whatever remains after the legitimes are satisfied is called the free portion, which the testator may give to anyone.
How the Estate Is Commonly Divided
The exact shares depend on which heirs survive. A few common illustrations under the Civil Code:
- Legitimate children only: their legitime is one-half of the estate, divided equally among them, with the other half as the free portion.
- One legitimate child and a surviving spouse: the child's legitime is one-half of the estate, and the spouse is entitled to a legitime of one-fourth.
- Illegitimate children are entitled to a legitime equal to one-half of the share of a legitimate child.
Because these computations can become complex when several classes of heirs concur, it is wise to consult a lawyer for a specific estate.
The Surviving Spouse and Illegitimate Children
The surviving spouse is always a compulsory heir and inherits alongside the children or, in their absence, other heirs. Illegitimate children are likewise compulsory heirs. Their recognition as children of the deceased is what entitles them to inherit, at half the share of a legitimate child.
Can You Disinherit an Heir?
Disinheritance is possible but tightly restricted. A compulsory heir may be deprived of the legitime only for causes expressly provided by law (such as an attempt against the life of the testator) and only through a valid will that states the specific cause. An improper or unsupported disinheritance is void, and the heir keeps the legitime.
Frequently Asked Questions
Can I leave all my property to just one child? No. The legitime reserved for the other compulsory heirs cannot be taken away. You may freely dispose of only the free portion of the estate.
Does my spouse automatically inherit? Yes. The surviving spouse is a compulsory heir and is entitled to a legitime, the size of which depends on the other heirs who survive.
Do illegitimate children inherit? Yes. Illegitimate children are compulsory heirs entitled to a legitime equal to one-half of the share of a legitimate child.
Can I disinherit a child? Only for a cause specifically allowed by law, and only through a valid will that states the cause. Otherwise the disinheritance is void.
This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.
If you need assistance with a matter like this, our firm is available to help. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or email vivasnobles@gmail.com.