The Philippine Civil Code doesn’t grant absolute freedom to the distribution of an estate. Unlike some, Philippine law is designed to protect the immediate family from being left with nothing. The law essentially divides an estate into two distinct portions: the Reserved Portion (Legitime) and the Free Portion.
Balancing the estate: Reserve (Legitime) vs. Free Portions
Think of the estate as a pie. By law, a significant portion—usually at least half—is strictly reserved for the compulsory heirs. This is the Legitime, and a person cannot give this away to a friend, a charity, or a distant relative through a Will.
The remaining half is the Free Portion. This is the only part of the estate where the owner has true autonomy. They can bequeath this portion to anyone they choose. However, if a Will tries to dip into the Legitime to give more to a stranger, the law will automatically reduce that gift to protect the family’s legal right.
In the eyes of the law, the system remains anchored in the duty of a person to provide for their kin, even after they are gone. The concept of heirs
At the heart of Philippine succession are different categories intended to protect specific relatives from being excluded by a testator’s whims:
1. Primary Heirs:
These are the children and direct descendants. This includes legitimate children and, importantly, illegitimate children (who are entitled to a specific fraction of a legitimate child’s share). If a child passes away before the parent, the grandchildren can step into their shoes through the Right of Representation.
2. Secondary Heirs: These are the parents or ascendants. They only come into the picture if the deceased left no children or descendants.
3. Concurring Heirs: The surviving spouse falls into this category. The husband or wife inherits alongside either the children or the parents, ensuring they are never left without a legal share.
The heavy burden of disinheritance
The only way to legally “cut off” a compulsory heir is through the formal process of Disinheritance. This is not a decision the law takes lightly. You cannot disinherit a child or spouse simply because of a strained relationship or a petty argument.
For a disinheritance to hold up in court, it must meet these criteria:
1. Exclusivity in a Will: It must be written in a valid Last Will and Testament. A verbal statement or a simple letter won’t suffice.
2. Legal Grounds: The reason must be one of the specific causes listed in the Civil Code—such as an attempt on the life of the testator, unfounded accusations of a crime, or maltreatment.
3. Specific Identification: The Will must clearly name the heir being excluded and specify the exact legal ground for doing so.
#PhilSTARPropertyFeature
#FeaturedStory
