The Philippines has a well-defined inheritance law that outlines the process of distributing a deceased individual's estate (property and assets) to their rightful heirs. A crucial concept within this legal framework is that of compulsory heirs. These are individuals who, by law, are entitled to a portion of the estate, regardless of whether the deceased left a will (testate succession) or
compulsory heir died without one (intestate succession).
**Who are Compulsory Heirs?**
The New Civil Code of the Philippines identifies two categories of compulsory heirs:
* **Primary Compulsory Heirs:** These are the legitimate (born within marriage) children and descendants of the deceased. Their share in the estate, called the legitime, is a fixed percentage based on the number of children.
* **Concurrent Compulsory Heirs:** This category includes the surviving spouse and illegitimate children. The surviving spouse has a share in the legitime, while illegitimate children are entitled to half of the share a legitimate child would receive.
**Inheritance with a Will (Testate Succession):**
Even if a will exists, the testator (the person who wrote the will) cannot completely disinherit their compulsory heirs. The law guarantees them their legitime. However, the testator has the
freedom to distribute the remaining portion of the estate (free portion) as they wish, as long as it doesn't violate the legitime of the compulsory heirs.
**Inheritance without a Will (Intestate Succession):**
In the absence of a will, the entire estate becomes subject to intestate succession. The compulsory heirs will
inherit the entire estate according to the following order:
1. Legitimate children and their descendants (per capita share - equal division)
2. Surviving spouse and legitimate children (the spouse gets a share in the legitime, inheritance law philippines while the children receive the remaining portion)
3. Surviving spouse and illegitimate children (the spouse gets a share in the legitime, while the illegitimate children get half the share of a legitimate child)
4. Legitimate parents (if there are no descendants or spouse)
5. Illegitimate children (if there are no descendants, spouse, or parents)
**Important Considerations:**
* **Collation:**
Compulsory Heir heirs who received donations or gratuitous transfers from the deceased during their lifetime may be required to contribute these back to the estate for a fair distribution among all compulsory heirs.
* **Disinheritance:** While complete disinheritance is not allowed for compulsory heirs, the law recognizes certain grounds for a reduced share or exclusion from the inheritance, such as violence against the deceased or a conviction for a crime against the deceased.
Understanding compulsory heirs is essential for navigating inheritance matters in the Philippines. It ensures that the law protects the interests of the deceased's closest family members. If you have any questions or require assistance regarding your specific situation, it's advisable to consult with a qualified lawyer specializing in Philippine inheritance law.