Succession Legitime Combinations

Succession | Legitime

1) Legitimate children alone: 

  • 1/2 of the estate divided equally. (Art. 888)

2) Legitimate children and surviving spouse:

  • legitimate children—1/2 of the estate; 
  • surviving spouse—a share equal to that of one child (Art. 892, par. 2)

3) One legitimate child and surviving spouse: 

  • legitimate child—1/2 of the estate; 
  • spouse—1/4 of the estate (Art. 892, par. 1)

4) Legitimate children and illegitimate children:

  • legitimate children—1/2 of the estate; 
  • illegitimate children—each will get 1/2 of share of one legitimate child (Art. 176, Family Code)

5) Legitimate children, illegitimate children, and surviving spouse: 

  • legitimate children—1/2 of the estate; 
  • illegitimate children—each will get 1/2 of share of one legitimate child; 
  • surviving spouse—a share equal to that of one legitimate child. 
  • The surviving spouse’s share is preferred over those of the illegitimate children which shall be reduced if necessary. (Art. 895)
6) One legitimate child, illegitimate children, and surviving spouse: 
  • legitimate child—1/2 of the estate; 
  • illegitimate children—each will get 1/2 of share of the legitimate child; 
  • surviving spouse— 1/4 of the estate. 
  • The surviving spouse’s share is preferred over those of the illegitimate children, which shall be reduced if necessary. (Art. 895)
7) Legitimate parents alone:
  • 1/2 of the estate (Art. 889) 
8) Legitimate parents and illegitimate children: 
  • legitimate parents—1/2 of the estate;
  • illegitimate children— 1/4 of the estate (Art. 896) 
9) Legitimate parents and surviving spouse: 
  • legitimate parents—1/2 of the estate; 
  • surviving spouse—1/4 of the estate (Art. 893) 
10) Legitimate parents, illegitimate children, and surviving spouse: 
  • legitimate parents—1/2 of the the estate; 
  • illegitimate children—1/4 of the estate; 
  • surviving spouse—1/8 of the estate (Art. 899)
11) Surviving spouse alone: 
  • 1/2 of the estate (Art. 900, par. 1) 
  • (or 1/3 if the marriage, being in articulo mortis, falls under Article 900, par. 2) 
12) Surviving spouse and illegitimate children:
  • surviving spouse—1/3 of the estate; 
  • illegitimate children—1/3 of the estate (Art. 894) 
13) Surviving spouse and illegitimate parents:
  • surviving spouse—1/4 of the estate; 
  • illegitimate parents—1/4 of the estate (Art. 903) 
14) Illegitimate children alone: 
  • 1/2 of the estate (Art. 901) 
15) Illegitimate parents alone: 
  • 1/2 of the estate (Art. 903)

PROBLEM:
Mr. A died leaving a net estate of P160,000 and heirs, namely, his wife,  W,  and  three  legitimate  children,  X,  Y  and  Z.  In  his  will,  A instituted  as heirs  his  wife  and  2  children,  Xand  Y.  He  did  not mention Z at all in his will. Distribute A’s estate.

Supposing  that  the  facts  are  the  same  as  in  #1,  but  in  his  will,  A disinherited  Z  for  marrying  the  daughter  of  his  mortal  enemy,  B. Would there be a change in the distribution? Distribute A’s estate. 

Supposing that the facts are still the same as in #1 and #2, but this time the cause for the disinheritance of Z is because he slapped and beat  his  father,  A,  and  said  hurtful  things  to  him. Distribute  A’s estate.



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