In this regard, as we briefly mentioned above, we must first determine whether the testator is legitimate or not before we can know exactly what legal order of succession we will apply in a particular situation. Article 996 If a widow or widower and legitimate children or descendants remain, the surviving spouse has the same share of the inheritance as each of the children. (834 bis) Section 1. General provisions Article 960 In case of legal or legal succession Article 961 Inheritance in case of default of testamentary heirs Article 962 Basic principles of legal succession Paragraph 1. Relationship Article 963 Determination of proximity of the relationship Article 964 Direct and collateral lines Article 965 Descending or ascending direct lines Article 966 Calculation of degrees Article 967 Full-blood and half-blood ties Differences Article 968 Reclassification to legal succession Article 969 Who inherits in case of rejection Subsection 2. Right of representation Article 970 What is representation Article 971 From whom the representative inherits Article 972 Right of representation in direct filiation and collateral line Article 973 Requirement of representative Article 974 Succession per stirpes Article 975 Inheritance by nephews and nieces Article 976 Right of renunciation of representation Article 977 Waiver of renunciation may not be represented Section 2. Order of legal succession Subsection 1. Downline Article 978 Preference for direct downline Article 979 Inheritance by children born out of wedlock and adopted children Article 980 Inheritance in equal shares by children of deceased persons Article 981 Inheritance of children coinciding with grandchildren Article 982 Grandchildren and other descendants inherit by right of representation Article 983 Share of shares in illegitimate and legitimate children Article 984 Legal heirs of a adopted person Child Subsection 2. Direct ascendant Article 985 Inheritance by parents and ascendants Article 986 Equal shares of father and mother Article 987 Inheritance by other descendants, in case of dissatisfaction of parents Subsection 3. Illegitimate children Article 988 Inheritance by illegitimate children in the absence of legitimate or ascending descendants Article 989 Illegitimate children descendants of another illegitimate child Article 990 Transfer of inheritance rights Article 991 Illegitimate children coinciding with legitimate descendants Article 992 Illegitimate child, no right of succession of legitimate children and parents of his or her father or mother Article 993 Inheritance by illegitimate children Parents Article 994 Inheritance by surviving spouse alone or with siblings, nephews/nieces Paragraph 4. Surviving spouse Article 995 Inheritance of surviving spouse in the absence of legitimate descendants and ascendants Article 996 Share of surviving spouse coinciding with legitimate children or descendants Article 997 Share of surviving spouse coinciding with legitimate relatives or ascendants Article 998 Share of surviving spouse coinciding with illegitimate children Article 999 Share of surviving spouse who coexists with legitimate and illegitimate children with their children Descendants Article 1000 Share of surviving spouse coinciding with legitimate ascendants and illegitimate children Article 1001 Share of surviving spouse coinciding with ascendants or their children Article 1002 No share for surviving spouse who gave rise to legal separation Paragraph 5. Related Articles 1003 Inheritance by collateral relatives in the absence of descendants, ascendants, illegitimate children or surviving spouses Article 1004 Inheritance by siblings Article 1005 Inheritance of brothers and sisters with nieces and nephews; per capita and per capita Article 1006 Share of thoroughbred siblings and half-blood siblings Article 1007 Inheritance of half-blood siblings, partly paternal and partly maternal Article 1008 Shares in children of half-blood siblings Article 1009 Inheritance by other collateral relatives in the absence of siblings, nephews/nieces Article 1010 No transmission beyond the 5th degree of kinship Subsection 6.
The State Article 1011 Inheritance by the State, in the absence of succession Article 1012 How the State takes possession of property Article 1013 Distribution of property at the deceased`s last residence, public schools and public charities Article 1014 Effect of the appearance of the legal heir of the deceased Section 1. – General provisions Hello, I have a question about the division of inheritance No. 8 without a will for the surviving spouse and 2 legitimate children. No. 8 states that 1M of the entire estate is divided equally. Is that the case? I thought it would go 1/2 to the spouse and then the other 1/2 will be divided into 3 (spouse + 2 legitimate children). Please specify. Thank you! In fact, testamentary succession involves three important steps.
These are, in chronological order, the succession of the will, its interpretation and finally its execution. We`ve covered these steps in previous articles. My boyfriend died childless and we are not legally married. There is no longer a last will. He ordered not to give his parents and siblings all he had left. Can I be a legal heir? We are both Filipino citizens. In this case, only by his spouse and legitimate parent. Direct ancestors or living descendants exclude collateral relatives such as siblings from the succession. Dear lawyer, My friend wants to sue for the judicial division of the property left to him by his deceased parents.
The property is matrimonial. in the name of his father MARRIED to his mother as indicated in the title. However, before his parents` marriage, his father was a widower and had children with his first wife. Is it necessary in the judicial chamber for her to include her father`s children in her first marriage? Thank you, lawyer. Any help is greatly appreciated. On the other hand, the application of an irregular legal succession takes place if the testator is illegitimate and has no last will at the time of death. Inheritance tax (inheritance tax) is the tax levied on the transfer of the estate from a deceased person to his or her legal heirs. So, if the person who dies without a will and has left something to their surviving heirs is legitimate [regular order], here is the legal order of succession that we will apply, namely: What happens if the testator has NO children, the parents/grandparents are deceased but have 3 siblings, but there is a will that leaves all his property to others, other than siblings.
In this case, there are no mandatory heirs, but has legal heirs (brothers and sisters), are all assets inherited by the people named in the will? I am Filipino, an illegitimate child, my parents did not marry. My mother has now married her husband and has 2 legitimate children. My father was married and had 2 legitimate children, then he separated his wife and has 2 illegitimate children with his new partner. His first wife died and he married the partner he recently had 2 illegitimate children. I own 2 plots of land with buildings on it. I married an American citizen, not children. To be honest, I wanted my foreign husband to inherit my property, and this could only be done by legal inheritance, and so I don`t make a will until I die. I would like to know who will inherit my property and what will be the division 1.Si I leave behind 2 illegitimate parents and a foreign spouse. 2. What if my foreign spouse survives me and both of my illegitimate parents have already died? Can Article 992 be used to remove unwanted heirs (parents, relatives and illegitimate children)? Will my foreign spouse inherit all my assets? Will he be allowed to submit to self-decision immediately after my death? If a spouse dies without a will, who will be the heirs? In the absence of a will, there is legal or legal succession [Article 960 of the Civil Code].
