LEGITIME

Succession.
NEU College of
Law.
Atty. Ida Marie
V. Escolano

LEGITIME
Art. 886. Legitime is that part of the
testator's property which he cannot
dispose of because the law has reserved
it for certain heirs who are, therefore,
called compulsory heirs
Comes from the Latin word legitimus
Refers to the rightful share of a
compulsory heir

LEGITIME
Cannot be reduced nor impaired
The minimum that a compulsory heir is
entitled to, the percentage of which,
relative to the whole estate, will depend
on the number of compulsory heirs.

FREE PORTION
That part of the testators property which
he can give to whomever he likes, except
to those expressly prohibited by law.
It can be given to anybody, within or
outside the family, with the exception of
those disallowed by law to receive
donations.
Regarded as voluntary heirs.

HEIRS
Compulsory
LEGITIME Heirs
Voluntary Heirs
FREE
PORTION

COMPULSORY HEIRS
(ART. 887)
Legitimate
Descendants/Children

Ascendants/Parents
(in default of LD/C)

Surviving Spouse

Illegitimate Children

REMEMBER
Only CH and concurring CH are entitled
to legitime. COLLATERAL heirs, such as
brothers and sisters, are not. Considered
strangers in TS, can inherit as VH from
FP.
Illegitimate Children are entitled to less
than those given to legitimate children.
FP is irrelevant in the absence of a will.

LEGEND
LC/D
SS
IC/D
LP/A
IP/A
FP

CH: LC/D AND SS

WHAT IF THERE ARE 2

LC/D?

WHAT IF THERE ARE 4

LC/D?

IS THIS UNFAIR FOR SS?

The impression of unfairness is borne by
the fact that we are looking at the
inheritance of SS from the estate of the
decedent spouse.
REMEMBER: SS has his/her OWN estate
of the conjugal or community property
plus exclusive properties. This is ON TOP of
his/her inheritance from the estate of
decedent spouse.
Add by giving FP

CH: LC/D, SS, IC/D

WHAT IF THERE ARE MORE IC?

There is no more FP as the same is to be
divided equally among the number IC, as
FP is insufficient if we follow 1:1/2 ratio. It
will impair legitime of LC and SS.
RULE: Secure legitime of LC and SS, the
remainder, divided equally for IC.
The law provides GREATER protection to LC
and SS VS. IC

COMPULSORY HEIRS
(ART. 887)
Legitimate
Descendants/Children

Ascendants/Parents
(in default of LD/C)

Surviving Spouse

Illegitimate Children