Concept of "Legitime" in Philippine Law

Legitime refers to the portion of a deceased person’s estate that is reserved by law for compulsory heirs and cannot be freely disposed of by the decedent through a will. It is a mechanism to protect the rights of certain heirs, ensuring they receive a minimum share of the inheritance.

Law Governing Legitime

Legitime is primarily governed by the Civil Code of the Philippines, particularly Articles 886 to 914 under Title IV (Succession), Chapter 3 (Provisions Common to Testamentary and Legal Succession), and Section 5 (Legitime).

Who Are the Compulsory Heirs?

According to Article 887 of the Civil Code, the following are considered compulsory heirs:

Legitimate children and descendants (e.g., grandchildren, if their parent predeceased the decedent)
Legitimate parents and ascendants (if the decedent has no children)
The surviving spouse
Illegitimate children (who have a right to a legitime but receive a reduced share compared to legitimate children)

How Legitime Is Applied

The legitime is a fixed portion of the estate that the decedent cannot freely dispose of. The remaining estate is called the free portion, which the testator may distribute according to his will.

1. If the decedent has legitimate children:

The legitime of legitimate children is 1/2 of the total estate, to be divided equally among them.
The surviving spouse gets 1/4 of the total estate (equivalent to the share of one legitimate child).
Illegitimate children get 1/2 of the share of a legitimate child each.

2. If the decedent has no children but has surviving parents or ascendants:

The legitime of parents (or ascendants) is 1/2 of the total estate.
The surviving spouse gets 1/2 of the total estate.

3. If the decedent has only a surviving spouse:

The legitime of the spouse is 1/2 of the total estate.

4. If the decedent has only illegitimate children:

The illegitimate children receive 1/2 of the total estate, divided among them.
The surviving spouse gets 1/2 of the total estate.

Restrictions on Disposition of Property

A testator cannot will away the legitime of compulsory heirs, either through donations or by testamentary disposition. If a will reduces the legitime, the heirs can seek a reduction of the will’s provisions to comply with the mandatory legitime rules.

Disinheritance and Legitime

A compulsory heir may be disinherited, but only under specific grounds stated in the Civil Code (Articles 915–923), such as attempted murder against the testator, maltreatment, or refusal to provide support. If a compulsory heir is validly disinherited, his legitime goes to the other compulsory heirs.

Source: Ziggurat Real Estate