Dealing with inheritance after the death of a loved one who left no last will and testament (“Will”) generates undue tension among remaining heirs as regards their successional right over the estate of a deceased. When the interests of the heirs are not perfectly aligned with each other, issues on inheritance may arise which in turn may create misunderstanding and promote discord among relatives. To this end, having a basic understanding of the intestate laws may help alleviate such concerns.
Legal or intestate succession occurs when a person dies (“decedent”) without a Will, or with a void Will, or one which has subsequently lost its validity.[1] At the outset, when a decedent dies, not all relatives may automatically claim a share in the estate.
As a rule of thumb, not all relatives are entitled to a share in a decedent’s estate. Generally, only those heirs, who by reason of close blood relation, marriage, or by a decree of adoption, are considered by law as “compulsory heir”. As compulsory heirs, it is only them who are entitled to receive a portion of the estate of the deceased as allocated by law. This portion is called a legitime. [2]
However, not all compulsory heirs are equal and the law maintains an order for their right of succession. In view thereof, the law on intestate succession establishes a hierarchy among compulsory heirs for the distribution of the deceased’s estate, to wit: 1) legitimate children and their descendants, including adoptees; 2) legitimate parents and ascendants; 3) surviving spouse; and 4) illegitimate children.[3]
It should be noted that legitimate children, including legally adopted children, excludes legitimate parents or ascendants. In case of death of a legitimate child or descendant, his or her child will claim such share as a representative (“right of representation”). In case of absence or death of a legitimate ascendant or descendant, the siblings of a decedent may inherent. Likewise, the surviving spouse will inherit from the decedent in equal share as that of a legitimate child. Upon the other hand, the share of an illegitimate child shall be one half (1/2) of the share of a legitimate child.
It may be well to note that an adoptee is entitled to successional right as that of a legitimate child pursuant to the current law on adoption which expanded the legitimate filiation between the adopter and the adoptee to include the adopter’s parents, legitimate siblings, and legitimate descendants.[4] The import being that an adoptee may now inherit ab intestato from the adopter’s parents, legitimate siblings, and legitimate descendants.
Moreover, the iron curtain rule which prohibits an illegitimate child from succeeding intestate from the legitimate descendants, ascendants, and collateral relative of his or her legitimate parent has been revisited by the Supreme Court. In its most recent pronouncement, the Supreme Court held that children, regardless of the circumstances of their birth, are qualified to inherit from their direct ascendants – such as their grandparent – by their right of representation.[5]
The settlement of the deceased’s estate may be done either judicially or extrajudicially. The heirs may extrajudicially settle or divide the estate as they see fit provided the decedent left no Will and no debts, and the heirs are all of age, or the minors are represented by their judicial or legal representatives duly authorized for the purpose. The said extrajudicial settlement must be embodied in a public instrument filed in the office of the appropriate register of deeds, and should they disagree, they may do so in an ordinary action of partition. If there is only one heir, he or she may adjudicate to himself or herself the entire estate by means of an affidavit likewise filed in the appropriate office of the register of deeds.[6]
In conclusion, intestate succession is regulated by law to ensure that the rights of all the legal heirs are protected. The foregoing is a general overview of the complex rule on succession and the same may vary depending on the circumstances. Thus, to prevent potential conflict, especially if the family dynamics are complex, proper legal advice and guidance from a lawyer are of utmost importance.
[1] Art. 960, par. (1), New Civil Code of the Philippines.
[2] Art. 886 of the New Civil Code of the Philippines.
[3] Art. 887 of the New Civil Code of the Philippines.
[4] Sec. 41 of R.A. 11642.
[5] Aquino vs. Aquino, G.R. No. 208912, December 7, 2021.
[6] Section 1, Rule 74, Revised Rules of Court.
