Definition in English: A compulsory heir is a person for whom Philippine succession law reserves a portion of a decedent’s estate. That reserved portion is the heir’s legitime, subject to the statutory order, concurrence, exclusions and valid grounds for disinheritance.
Paliwanag sa Filipino: Sapilitang tagapagmana — Ito ang taong binibigyan ng batas ng nakalaang bahagi sa mana. Hindi maaaring basta ipamigay ng namatay sa ibang tao ang buong estate kung may compulsory heirs na dapat tumanggap ng legitime.
Hindi ibig sabihin na lahat ng kamag-anak ay compulsory heir sa bawat sitwasyon. Mahalaga kung sino ang naiwan—mga anak o descendants, magulang o ascendants kung walang descendants, surviving spouse, at sa ilang pagkakataon, acknowledged natural children or other children covered by the Code and later laws. Dapat ding suriin ang concurrence, filiation, valid disinheritance at iba pang legal na hadlang.
Legal basis
The governing provisions are Civil Code Articles 886–903. Article 887 identifies the classes of compulsory heirs. Articles 888–903 determine their legitimes and how different classes may inherit together. These provisions must be read with the Family Code and later statutes affecting filiation and succession rights.
Who may be a compulsory heir?
- Legitimate children and descendants, with respect to their legitimate parents and ascendants
- In default of the foregoing, legitimate parents and ascendants
- The widow or widower
- Acknowledged natural children and natural children by legal fiction under the terminology of the Civil Code, interpreted together with later laws
- Other illegitimate children referred to by Article 887, subject to later constitutional and statutory developments
The list cannot be applied mechanically. The existence of descendants may exclude ascendants from the compulsory succession line, while the surviving spouse and children may concur under the applicable provisions.
Compulsory heir compared with an intestate heir
| Compulsory heir | Intestate heir |
|---|---|
| Receives a legitime protected against excessive testamentary dispositions. | Inherits under the statutory order when there is no effective will for the property. |
| Status matters even when there is a will. | Status becomes central when succession is wholly or partly intestate. |
| May also be an intestate heir. | Not every intestate heir is necessarily a compulsory heir in every situation. |
Evidence that may matter
- PSA death, birth and marriage certificates
- Valid acknowledgment or judicial proof of filiation
- The original will and probate records
- Prior marriages, adoption records and judgments affecting civil status
- Inventory and valuation of estate assets and obligations
- Deeds of donation or transfers that may require collation or reduction
- A purported disinheritance clause and proof of its stated cause
Practical example
Ramon leaves a will giving his entire estate to a friend, but he is survived by a legally recognized child. The will is not automatically ignored in full. The estate must first be examined to protect the child’s legitime; testamentary dispositions that impair it may be reduced under the applicable rules.
Common misunderstandings
- Being named in a will is not what makes someone compulsory. The status comes from law.
- All relatives are not compulsory heirs. Degrees, lines and concurrence rules matter.
- A compulsory heir is not impossible to disinherit. Disinheritance is allowed only for a cause expressly stated by law and through the required testamentary form.
Frequently asked questions
Can a parent leave everything to only one child?
Not ordinarily if doing so impairs the legitimes of other compulsory heirs. The disposable portion depends on who survives and the composition of the net hereditary estate.
Is a surviving spouse always a compulsory heir?
The surviving spouse is included by Article 887, but the share and concurrence depend on the other surviving heirs and the validity of the marriage at the time of death.
Can a compulsory heir waive an inheritance?
An heir may repudiate an inheritance only after succession opens and in the form required by law. A contract regarding a future inheritance is generally restricted.
Apply it to an estate: To see who the compulsory heirs are and how their shares are protected, read compulsory heirs and legitime. If a will leaves one of them out entirely, see what happens when a will omits a compulsory heir.
Related terms and next guides
Legitime · Preterition · Representation · Succession and inheritance guides
Educational note: The Filipino explanation is a plain-language learning aid, not an official translation or individualized legal advice.
Jurisdiction: Philippines
Last reviewed: September 2026