Relatives Surviving Legitimate Children & Surviving Spouse Illegitimate Children
Descendants
Legitimate children 1/2 of the estate
(whether they survive alone or with in equal portions concurring compulsory heirs)
One legitimate child 1/2 1/4
Surviving spouse
Legitimate children 1/2 Same portion as
Surviving spouse in equal portions legitimate child
Legitimate children 1/2 1/2 share of legitimate
Illegitimate children in equal portion child (for each child) One legitimate child, ½ ¼ 1/2 share of legitimate Illegitimate children child Surviving spouse (for each child)
N.B. The share of the
illegitimate child may suffer reduction pro rata because spouse is given preference.
Legitimate children 1/2 Same portion as legit. 1/2 share of legitimate
Illegitimate children in equal portions child child Surviving spouse (for each child) Relatives Surviving Surviving Spouse Illegitimate Legitimate Children Parents & Ascendants
Legitimate parents (whether they survive alone ½
or with concurring compulsory heirs)
Legitimate parents 1/4 ½
Illegitimate children in equal shares
Legitimate parents 1/4 ½
Surviving spouse
Legitimate parents 1/8 1/4 1/2
Illegitimate children Surviving spouse Relatives Surviving Surviving Spouse Illegitimate Children
Illegitimate children alone 1/2
All together, in equal shares
Illegitimate children 1/3 1/3
Surviving spouse All together, in equal shares
Surviving spouse alone 1/2
Surviving spouse alone where marriage is in articulo 1/3
mortis and testator dies w/in 3 months from marriage
But if they have been living together as husband and wife
for more than five years 1/2 Relatives Surviving Legitimate Surviving Illegitimate Illegitimate Children & Spouse Children Parents Descendants
Illegitimate parents alone 1/2
Illegitimate parents If only one = 1/2 If alone = 1/2 None
Legitimate and Illegitimate children More than one = Concurring with 1/2 in equal legitimate portions children = 1/2 of share of legitimate child Illegitimate parents 1/4 1/4 Surviving spouse