AUSL/RULES ON LEGITIMES AND INTESTATE SUCCESSION/AJP

ARELLANO UNIVERSITY SCHOOL OF LAW

WILLS AND SUCCESSION

RULES ON LEGITIMES AND INTESTATE

SUCCESSION

Legitimate Child,
(Article 888)

1/2

of

the

Estate

Each Illegitimate child, 1/2 of the share

of each legitimate child (Article 176,
Family Code)

ATTY. CRISOSTOMO URIBE

By: PARRENO, ANTONY J.

Surviving Spouse, a share equal to that of

each child (Article 892)

LEGITIMES
1. Legitimate Children:

7. Legitimate Parents

1/2 of the Estate (Article 888)

1/2 of the Estate (Article 889)

2. One Legitimate Child and Surviving

Spouse:
Legitimate Child 1/2 of the Estate
Surviving Spouse 1/4 of
(Article 892)
3. Legitimate
Spouse

6. Legitimate
Children,
Illegitimate
Children, and the Surviving Spouse

Children

and

the Estate
Surviving

Legitimate Children 1/2 of the Estate in

equal portions. (Article 888)
Surviving Spouse, a share equal to that of
each child (Article 892)
4. Legitimate Children and Illegitimate
Children
Legitimate Children, in equal portions,
1/2 of the Estate (Article 888)
Each Illegitimate child, 1/2 of the share
of each legitimate child (Article 176,
Family Code)
5. One Legitimate Child, Illegitimate
Children, and the Surviving Spouse
Legitimate Child,
(Article 888)

1/2

of

the

Estate

8. Legitimate
Children

Parents

and

Illegitimate

Legitimate Parents, 1/2 of the Estate

(Article 889)
Illegitimate Children, in equal shares,
1/4 of the Estate (Article 896)
9. Legitimate
Spouse

Parents

and

Surviving

Legitimate Parents 1/2 of the Estate

(Article 889)
Surviving Spouse 1/4 of
(Article 893)

the Estate

10. Legitimate
Parents,
Illegitimate
Children and Surviving Spouse
Legitimate Parents, 1/2 of the Estate
(Article 889)
Illegitimate Children, in equal shares,
1/4 of the Estate (Article 896)
Surviving Spouse, 1/8 of the Estate
11. Illegitimate Children alone
1/2 of the Estate, divided equally (Article
901)

Each Illegitimate child, 1/2 of the share

of each legitimate child (Article 176,
Family Code)

12. Illegitimate Children and the Surviving

Spouse.

Surviving Spouse, 1/4 of the Estate

(Article 892)

Illegitimate Children, divide 1/3 of the

Estate equally (Article 894)

Illegitimate and Surviving Spouse shares

will be taken from the Free Portion.
Spouse having preference.

Surviving Spouse, 1/3 of the Estate

(Article 894)

AUSL/RULES ON LEGITIMES AND INTESTATE SUCCESSION/AJP

AUSL/RULES ON LEGITIMES AND INTESTATE SUCCESSION/AJP

13. Surviving Spouse alone

1/2 of the Estate (Article 900)
1/3 of the Estate if marriage is in articulo
mortis (Article 900)
14. Illegitimate Parents alone
1/2 of the Estate (Article 903)
15. Illegitimate Parents and children of
any class
Illegitimate Parents, NONE (Article 903)
1, 6 or 11 as the case may be
16. Illegitimate
Spouse

Parents

and

Surviving

Illegitimate Parents, 1/4 of the Estate

(Article 903)
Surviving Spouse, 1/4 of the Estate
(Article 903)

AUSL/RULES ON LEGITIMES AND INTESTATE SUCCESSION/AJP

AUSL/RULES ON LEGITIMES AND INTESTATE SUCCESSION/AJP

LEGAL OR INTESTATE SUCCESSION

1. Legitimate Children

Legitimate Parents or Ascendants 1/2 of

the Estate

Whole Estate divided equally

Adopted to be treated as a Legitimate
Child (Article 979)
2. One Legitimate Child and Surviving
Spouse
Legitimate Child 1/2 of the Estate
Surviving Spouse 1/2 of
(Tolentino)
3. Legitimate
Spouse

Children

and

8. Legitimate Parents or Ascendants and

Surviving Spouse

the Estate
Surviving

Surviving Spouse 1/2 of the Estate

Testamentary provisions shall be taken
from the share of the Surviving Spouse
without prejudice to his Legitime (Article
997)
9. Legitimate Ascendants, Illegitimate
Children, Surviving Spouse
Legitimate Ascendants 1/2 of the Estate
Surviving Spouse 1/4 of the Estate

Whole Estate divided equally (Article 996)

Testamentary Dispositions shall be taken
from the share of the Surviving Spouse
without prejudice to his Legitime
4. Legitimate Children and Illegitimate
Children
Whole Estate, in proportion to the share
of each class of child. (Article 983)
5. Legitimate
Children,
Illegitimate
Children, Surviving Spouse
Legitimate Children twice as much as an
Illegitimate Children
Surviving Spouse, same as the share of a
Legitimate Child (Article 999)
6. Legitimate
Child,
Illegitimate
Children, Surviving Spouse

Illegitimate Children 1/4 of the Estate

(Article 1000)
Testamentary Dispositions shall be taken
from the share of the Surviving Spouse
without prejudice to his Legitime
10. Brothers and Sisters, Surviving Spouse
Brothers and Sisters 1/2 of the Estate
Surviving Spouse 1/2 of the Estate
Testamentary Dispositions shall be taken
from the share of the Brothers and
Sisters (Article 1001)
11. Full Blood Brothers and Sisters, and
Half Blood Brothers and Sisters
Full Blood will get twice as much as Half
Blood

Legitimate Child and Surviving Spouse

entitled to their Legitime
Illegitimate Child will suffer reduction.
(Tolentino)
7. Illegitimate Children and Surviving
Spouse
Surviving Spouse 1/2 of the Estate
Illegitimate Children 1/2 of the Estate
(Article 998)
Testamentary provisions shall be taken
from their respective shares without
prejudice to their Legitimes

AUSL/RULES ON LEGITIMES AND INTESTATE SUCCESSION/AJP