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LEGITIME Table

This document outlines the legitime or legal portion of an estate that heirs are entitled to under Philippine law. It specifies the portion of the estate that relatives such as legitimate children, parents, descendants, and surviving spouses are entitled to depending on whether there are other legitimate or illegitimate heirs. The legitime is divided into portions that are free, subject to rights of other heirs, or totally free.

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535 views3 pages

LEGITIME Table

This document outlines the legitime or legal portion of an estate that heirs are entitled to under Philippine law. It specifies the portion of the estate that relatives such as legitimate children, parents, descendants, and surviving spouses are entitled to depending on whether there are other legitimate or illegitimate heirs. The legitime is divided into portions that are free, subject to rights of other heirs, or totally free.

Uploaded by

Fbarrs
Copyright
© © All Rights Reserved
Available Formats
Download as PDF, TXT or read online on Scribd
Download as pdf or txt
Download as pdf or txt
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A B C D E

Free Portion subject to


ART Relatives Surviving Portion of Legitime Totally Free Portion
rights of other heir/s

888 legitimate children/descendants 1/2 1/2


(subject to rights of illegitimate children and surviving spouse)

1/2
889/890 legitimate parents 1/2 (subject to rights of illegitimate children* and surviving spouse)
(to be divided equally; if one dies, whole pass to the survivor) *includes acknowledged natural children and natural children by legal
fiction

ascendants of equal degree of the maternal


889/890 and paternal lines 1/2 1/2
(to be divided equally) (subject to rights of illegitimate children and surviving spouse)
(shall pertain to the nearest degree)

1 legitimate child/descendant 1/2


892 surviving spouse 1/4
(in case of legal separation, if deceased caused it)
1/4

legitimate children/descendants 1/2


(to be divided equally to each)
892 dependent on C and D

surviving spouse equal to legitime ofeach of the legitimate


(in case of legal separation, if deceased caused it) children

legitimate ascendants 1/2


(to be divided equally to each)
893 1/4
surviving spouse 1/4

illegitimate children 1/3


(to be divided equally to each)
894 1/3
surviving spouse 1/3

895/897/898 legitimate children/descendants 1/2 dependent on C and D


(to be divided equally to each)
1/2 of the legitime of each of the
illegitimate children legitimate children
(shall not exceed free portion)

equal to legitime of each of the legitimate


children
surviving spouse (to be satisfied before that of the illeg.
children)

legitimate parents/ascendants 1/2


(to be divided equally to each)
896 1/4
illegitimate children 1/4

legitimate parents/ascendants 1/2


(to be divided equally to each)

899 illegitimate children 1/4 1/8


(to be divided equally to each)

surviving spouse 1/8


900 surviving spouse 1/2 1/2

900 surviving spouse 1/3 2/3


(marriage in articulo mortis and testator died within 3 months)

surviving spouse
900 (marriage in articulo mortis and testator died within 3 months) 1/2 1/2
(BUT lived as husband and wife for more than 5 years)

901 illegitimate children 1/2 1/2


(to be divided equally to each)

903 1/2
(testator is an legitimate parents (to be divided equally to each)
1/2
illegitimate child)

legitimate parents not entitled


903
(testator is an 1/2 1/2
illegitimate child) legitimate children/descendants (to be divided equally to each)

903 legitimate parents 1/4 1/2


(testator is an (to be divided equally to each)
illegitimate child)
surviving spouse 1/4

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