The document outlines the order of intestate succession and rules of exclusion and concurrence under Philippine law. It lists the compulsory heirs and their order of inheritance. The first five intestate heirs exclude the remaining heirs. However, the surviving spouse and brothers/sisters concur with the first five. It also provides examples of different combinations of heirs that could inherit through intestacy and their respective shares.
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The document outlines the order of intestate succession and rules of exclusion and concurrence under Philippine law. It lists the compulsory heirs and their order of inheritance. The first five intestate heirs exclude the remaining heirs. However, the surviving spouse and brothers/sisters concur with the first five. It also provides examples of different combinations of heirs that could inherit through intestacy and their respective shares.
The document outlines the order of intestate succession and rules of exclusion and concurrence under Philippine law. It lists the compulsory heirs and their order of inheritance. The first five intestate heirs exclude the remaining heirs. However, the surviving spouse and brothers/sisters concur with the first five. It also provides examples of different combinations of heirs that could inherit through intestacy and their respective shares.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOC, PDF, TXT or read online from Scribd
The document outlines the order of intestate succession and rules of exclusion and concurrence under Philippine law. It lists the compulsory heirs and their order of inheritance. The first five intestate heirs exclude the remaining heirs. However, the surviving spouse and brothers/sisters concur with the first five. It also provides examples of different combinations of heirs that could inherit through intestacy and their respective shares.
Copyright:
Attribution Non-Commercial (BY-NC)
Available Formats
Download as DOC, PDF, TXT or read online from Scribd
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ORDER OF INTESTATE SUCCESSION
Compulsory Heirs in Legitimes Intestate Heirs
1. Legitimate child/descendant 1. Legitimate child/descendant 2. Illegitimate child/descendant 2. Illegitimate child/descendant 3. Legitimate parent/ascendant 3. Legitimate parent/ascendant 4. Illegitimate parent 4. Illegitimate parent 5. Surviving Spouse 5. Surviving Spouse 6. Brother/sister Nephew/niece 7. Other collaterals up to the 5th degree 8. State
Notes: - The first 5 intestate heirs exclude the last 3, except intestate heirs 5&6, who will concur
RULES OF EXCLUSION AND CONCURRENCE IN INTESTACY
Excludes Concurs with Excluded by
Legitimate children • Parents • Surviving spouse • Collaterals • Illegitimate children No one • The state Illegitimate children • Illegitimate parents • Surviving spouse • Collaterals • Legitimate children No one • The state • Legitimate parents Legitimate parents • Collaterals • Illegitimate children Legitimate children • The state • Surviving spouse Illegitimate parents • Collaterals • Surviving spouse • Legitimate children • The state • Illegitimate children Surviving spouse • Collaterals other • Legitimate & than brothers, illegitimate children sisters, nephews, • Legitimate & No one nieces illegitimate parents • The state • Brothers, sisters, nephews & nieces Brothers & sisters, • All other collaterals • Surviving spouse • Legitimate & nephews & nieces • The state illegitimate children • Legitimate & illegitimate parents Other collaterals • Collaterals in • Collaterals in the • Legitimate & remoter degrees same degree illegitimate children • The state • Legitimate & illegitimate parents • Surviving spouse • Brothers & sisters, nephews & nieces The state No one No one Everyone COMBINATIONS IN INTESTATE SUCCESSION
COMBINATION LEGITIME TOTAL INTESTACY
1 LC LC = 1/2 Whole estate divided equally 2 LC & SS LC = 1/2 Whole estate divided equally SS = share of 1 LC (SS counted as 1 LC) 3 1LC & SS 1LC = 1/2 LC = 1/2 SS = 1/4 SS = 1/2 4 LC & IC LC = 1/2 Whole estate, each IC getting 1/2 share of 1 LC IC = 1/2 share of 1LC 5 LC, IC & SS LC = 1/2 Whole estate, each IC getting 1/2 share of 1 LC IC = 1/2 share of 1LC (SS counted as 1 LC) SS = share of 1LC 6 1LC, IC & SS 1LC = 1/2 Whole estate, each IC getting 1/2 share of 1LC IC = 1/2 share of 1LC (SS counted as 1 LC) SS = 1/4 7 LP LP = 1/2 Whole estate divided equally 8 LA LA = 1/2 Whole estate divided equally (observe rule of division by line) 9 LP & IC LP = 1/2 LP = 1/2 IC = 1/4 IC = 1/2 10 LP & SS LP = 1/2 LP =1/2 SS = 1/4 SS = 1/2 11 LP, IC & SS LP = 1/2 LP = 1/2 IC = 1/4 IC = 1/4 SS = 1/8 SS = 1/4 12 SS SS = 1/2 Whole estate 13 SS & IC SS = 1/3 SS = 1/2 IC = 1/3 IC = 1/2 14 SS & IP SS = 1/4 SS = 1/2 IP = 1/4 IP = 1/2 15 IC IC = 1/2 Whole estate divided equally 16 IP IP = 1/2 Whole estate divided equally 17 LB/LS If all full blood or if all half blood, divide whole estate equally; If mixed blood, half blood gets 1/2 share of full blood 18 LB/LS & SS LB/LS = none LB/LS = 1/2 SS = 1/2 SS = 1/2 19 IB/IS If all full blood or if all half blood, divide whole estate equally; If mixed blood, half blood gets 1/2 share of full blood 20 IB/IS & SS IB/IS = none IB/IS = 1/2 SS = 1/2 SS = 1/2 21 N/N If all full blood or if all half blood, inherit per capita; If mixed blood, half blood gets 1/2 share of full blood 22 N/N & U/A N/N = whole estate divided equally U/A = none (excluded) 23 Other collaterals Whole estate divided equally Notes: - A legitimate child includes an adopted child - Rule of division by line (8): o Should there be more than one ascendant of equal degree belonging to the same line, they shall divide the inheritance per capita o Should they be of different lines but of equal degree, 1/2 shall go to the paternal and the other half to the maternal ascendants. In each line, the division shall be made per capita - Brothers/sisters and nephews/nieces are not compulsory heirs. Hence, they have no legitime (17&22) - Nephews/nieces may inherit only by right of representation (20, 21) - Uncles & Aunts are excluded by nephews/nieces the nearer excludes the more remote (22)