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LP and SS
LP: of the estate;
SS: of the estate.
LP, IC and SS
LP: of the estate;
IC: of the estate;
SS: 1/8 of the estate.
SS alone
of the estate (1/3 of the estate if marriage is in articulo mortis; of
the estate if living together for 5 years).
SS and IC
SS: 1/3 of the estate;
IC: 1/3 of the estate.
SS and IP
SS: of the estate;
IP: of the estate.
IC alone
of the estate.
IP alone
of the estate.
LEGITIME OF
(TESTACY)
SURVIVNG SPOUSE
Concurring Heirs
Legitime
IN TESTAMENTARY SUCCESSION
Spouse alone
; 1/3;
Spouse
1 leg. Child
Spouse
Same share of 1 leg. Remainder
2 or more leg. child
children
Spouse
Same share of 1 leg. Remainder
child
Leg. Children
Illeg. Children
Remainder not to
exceed free portion
Art.
900
Art.
892
Art.
898
Art.
897
Art.
895
Art.17
6, FC.
1
Spouse
Leg. Parents
Spouse
Illeg. Parents
Spouse
Illeg. Children
Spouse
Leg. parents
Illeg. Children
1/3
1/3
1/8
Spouse
Brothers
and None
sisters, nephews
and nieces
Arts.8
89 &
893
Art.
903
1/3
Art.
894
1/8
Art.
899
{Cf.
Art
1000}
Art.
900
Heirs
Share
Article
Alone
Free
Portion
Legitimate
child/children
Illegitimate
child/children
Alone
Article 901
Article 888
1
Applies if free portion is sufficient, otherwise, free portion will be divided equally. (Unless otherwise specified by the
testator, sharing in the available free portion is equal [Article 846].
2
Reason:: They are not compulsory heirs. Hence, they are not entitled to legitime. They can become heirs only in
intestat4e succession (Article 1001 and 994) or if designated as devisees or legatees, i.e. as voluntary heirs.
Legitimate parents
Illegitimate parents
Alone
Alone
Article 889
Article 903
Heirs
Legitimate
parents
Illegitimate
children
Legitimate
children
Illegitimate
Children
Illegitimate
children
Illegitimate
parents
Share
PARENTS
Arts.
888 &
896
Remainder,
of share of 1 leg. if any
child
Arts.
176(FC
)
None
excluded)
Art.
903
(being
OR