Inheritance can be a complex and emotional matter, but Philippine law provides clear guidelines on who must inherit from a deceased’s estate. These individuals are called compulsory heirs, and their rights are protected by the inheritance law Philippines to ensure fairness and justice. If you’ve ever wondered who are compulsory heirs or what your rights are under the Philippine succession law, this guide is for you.
What Are Compulsory Heirs? Meaning and Legal Basis
Compulsory heirs are persons whom the law mandates to receive a fixed portion of a deceased person’s estate regardless of the contents of a will. This reserved share is called the legitime. The compulsory heirs civil code provisions are found in Articles 887 to 909 of the Civil Code of the Philippines.
The law protects these heirs so that a testator cannot disinherit them without valid cause. This is a key principle in the laws of succession Philippines.
Who Are Compulsory Heirs?
According to Article 887 of the Civil Code, the compulsory heirs include:
- Legitimate children and descendants: These are the children born within a valid marriage and their own descendants (e.g., grandchildren).
- Legitimate parents and ascendants: If there are no descendants, the estate passes to the legitimate parents or other ascendants.
- Surviving spouse: The spouse has a special status and is entitled to a share regardless of the presence of descendants or ascendants.
- Illegitimate children: Although their share is smaller than legitimate children, illegitimate children are also compulsory heirs.
Compulsory Heirs and the Law of Succession Philippines
The philippine family code inheritance system distinguishes between testamentary succession (with a will) and intestate succession (without a will). In both cases, compulsory heirs are guaranteed their legitime.
- In testamentary succession, the testator can only freely dispose of the free portion of the estate.
- In intestate succession Philippines, the estate is divided according to the legal succession Philippines rules, prioritizing compulsory heirs.
Are Siblings Compulsory Heirs?
Generally, siblings are not compulsory heirs unless there are no descendants, ascendants, or spouse. They may inherit under intestate succession but do not have reserved legitime rights.
Partition of Property Among Family Members Philippines
When heirs agree to divide the estate, the partition of property among family members Philippines is done according to their respective shares. This can be amicable or judicially enforced.
Other Important Terms and Documents
- Legal heir: A person entitled by law to inherit.
- Declaration of heirship: A document establishing who the heirs are.
- Sample affidavit of heirship Philippines: Often used to prove heirship in transactions.
- Heirs bond meaning: A bond posted to guarantee the faithful administration of the estate.
- Hereditary succession: The passing of property rights from deceased to heirs.
Common Questions
- Is inheritance considered conjugal property Philippines? Only the conjugal portion of the estate is subject to division among heirs.
- Who inherits if a child dies before a parent? The child’s descendants may inherit by right of representation.
- Do grandchildren have inheritance rights? Yes, as descendants, they inherit by representation.
- What is a child entitled to when a parent dies? A legitimate child is a compulsory heir entitled to a legitime portion.
Final Thoughts: Protect Your Rights as a Compulsory Heir
Understanding compulsory heirs and the law on succession Philippines helps protect your rightful share of an estate. Whether dealing with wills, intestate estates, or disputes, knowing your legal standing is essential.For a detailed explanation of compulsory heirs under Philippine law, visit lawyerphilippines.org.