Compulsory Heirs and Legitime in the Philippines

Quick Answer: A compulsory heir is a person whom the Civil Code protects by reserving a minimum hereditary share called the legitime. A testator generally cannot freely give away the entire estate if compulsory heirs survive. The exact legitime depends on which compulsory heirs concur, the value of the hereditary estate, and whether donations or other dispositions must be brought into the computation.

Who Are Compulsory Heirs?

Article 887 of the Civil Code identifies the principal compulsory heirs. These include, in the order and situations provided by law, legitimate children and descendants; in their absence, legitimate parents and ascendants; the surviving spouse; and acknowledged natural children and other illegitimate children under the terminology and legal framework subsequently affected by later family-law developments.

Because Philippine family law has evolved since the Civil Code was enacted, the classification and rights of children must be read together with later laws and jurisprudence. The safest approach is to identify the actual family relationships first and then apply the controlling succession rules.

What Is a Legitime?

The legitime is the portion of the estate that the law reserves for compulsory heirs. It limits the testator’s freedom to dispose of property by will. The remaining portion, after protected legitimes are satisfied, is commonly called the free portion.

Why You Cannot Compute Legitime From the Gross Estate Alone

The starting number is not always the total market value of everything associated with the deceased. The estate must first be identified correctly, obligations and charges must be considered as provided by law, and certain lifetime donations may affect the computation. Property belonging to a surviving spouse under the applicable property regime is not automatically part of the decedent’s estate.

Common Family Scenarios

Surviving relatives	Key succession issue
Children only	Children are compulsory heirs and the protected portion must be computed under the Civil Code.
Children and surviving spouse	The spouse concurs with descendants; both the spouse’s property rights and hereditary rights must be separated.
No children, but parents survive	Legitimate parents or ascendants may become compulsory heirs.
Surviving spouse with no descendants	The spouse’s legitime depends on who else survives and the applicable provisions.
Children from different relationships	Filiation and the governing succession rules must be established before shares are computed.

Can a Parent Disinherit a Child?

Not simply by writing, “I leave nothing to my child.” Disinheritance of a compulsory heir requires a legal cause recognized by the Civil Code and compliance with the formal requirements for disinheritance. If the requirements are not met, the compulsory heir may still be entitled to the legitime.

What Is Preterition?

Preterition is not the same as leaving a compulsory heir less than the legitime. It generally involves the total omission of a compulsory heir in the direct line under the conditions stated in Article 854. Its consequences can be more significant than a simple impairment of legitime.

What If the Will Gives Away Too Much?

Dispositions that impair the legitime may be subject to reduction to the extent necessary to protect compulsory heirs. The analysis may require reconstructing the hereditary estate, identifying donations, determining the disposable portion, and calculating each compulsory heir’s lawful minimum.

What Evidence Matters?

the will and any codicils;
death certificate;
birth and marriage records;
proof of filiation;
titles and asset records;
documents showing debts and charges;
deeds of donation and major lifetime transfers;
prior estate-settlement documents.

Can Compulsory Heirs Waive Their Rights?

An heir may accept or repudiate an inheritance after succession opens, but the form and effect matter. A purported “waiver” in favor of a named co-heir may legally amount to acceptance followed by transfer rather than a pure repudiation. See Waiver of Inheritance: What Are You Giving Up Before You Sign?

Conceived compulsory heir: Protected shares may require attention to the beginning of civil personality and the Civil Code’s treatment of a child conceived when succession opened.

Frequently Asked Questions

Can a will give everything to one child?

Not if doing so unlawfully impairs the legitimes of other compulsory heirs. The free portion may generally be disposed of more freely, but protected shares must still be respected.

Is the surviving spouse always a compulsory heir?

The surviving spouse is included among the compulsory heirs, but the actual legitime and concurrence depend on the family configuration and governing Civil Code provisions.

Can grandchildren have a legitime?

They may acquire rights through representation or in their own right in situations provided by law. Whether they are compulsory heirs in a particular estate depends on the status of the intervening descendant and the family structure.

Can a compulsory heir be completely cut off?

Only if a legally sufficient ground and the required disinheritance rules apply, or if another recognized legal basis removes the entitlement. Mere family conflict is not automatically enough.

Related inheritance path: For estates with no will, see Who Inherits When Someone Dies Without a Will?. For testamentary planning, see Notarial vs Holographic Wills. Browse the Succession and Inheritance hub.

When a compulsory heir is missing from a will, the next question is whether the case involves preterition, an impaired legitime, or a valid disinheritance. If a will is involved, see also Probate of a Will.

Compulsory Heirs and Legitime: Who Must Receive an Inheritance?