Definition in English: The legitime is the portion of a decedent’s property that succession law reserves for compulsory heirs and that the testator cannot dispose of because the law has reserved it for them.
Paliwanag sa Filipino: Nakalaang bahagi ng mana — Ito ang bahagi ng net estate na inilaan ng batas para sa compulsory heirs. Ang natitirang bahagi lamang, pagkatapos protektahan ang legitimes, ang malayang maipamamana sa ibang tao sa pamamagitan ng will.
Hindi kinukuha ang legitime sa simpleng paghahati ng lahat ng ari-arian. Kailangang tukuyin muna ang estate, ibawas ang wastong utang at charges, isaalang-alang ang mga donasyong dapat idagdag sa computation, at alamin kung sinu-sino ang heirs na sabay na magmamana.
Legal basis
Civil Code Article 886 defines legitime. Articles 887–903 identify compulsory heirs and their reserved shares. Articles 904–914 address the testator’s limits, completion of impaired legitimes and reduction of inofficious dispositions.
How the legitime is determined
- Identify the property and rights belonging to the decedent at death.
- Deduct debts and charges that the law allows in determining the net hereditary estate.
- Add the value of donations subject to collation for the purpose required by Article 908.
- Identify every compulsory heir and determine which classes concur.
- Apply the statutory fraction for each heir or class.
- Compare the protected shares with the will, donations and actual distribution.
Legitime compared with the free portion
| Legitime | Free portion |
|---|---|
| Reserved by law for compulsory heirs. | May generally be given to any qualified person. |
| Cannot be burdened or impaired except where law allows. | Subject to the testator’s valid dispositions. |
| Amount changes with the surviving-heir configuration. | Exists only after all legitimes are protected. |
What can impair a legitime?
- A will giving too much of the estate to another heir or a stranger
- Lifetime donations that exceed the donor’s disposable portion
- Incorrect exclusion of an heir who was not validly disinherited
- Wrong classification or omission of a surviving compulsory heir
- Undervaluation or concealment of estate assets
- Failure to account for advances or donations subject to collation
Evidence that may matter
- Will, probate order and inventory
- Titles, bank records, corporate shares and receivables
- Estate debts, funeral charges and administration expenses
- Deeds of donation and prior transfers
- PSA documents proving filiation and marriage
- Appraisals showing asset values at the legally relevant time
- Accounting of property already received by each heir
Practical example
Elena leaves two children and a will transferring most assets to one child. Determining whether the other child’s legitime was impaired requires a net-estate computation, the applicable reserved fractions and any donations or advances that must be considered. Equal physical division of every asset is not always required; value can sometimes be satisfied through different assets.
Common misunderstandings
- Legitime is not automatically half for every heir. The fraction changes according to the surviving heirs.
- It is calculated from the hereditary estate, not merely the largest property.
- A donation made before death can still matter. It may be included in the computation or reduced if inofficious.
Frequently asked questions
Can a will remove an heir’s legitime?
Only a valid disinheritance based on a statutory cause, or another legal ground affecting the heir’s capacity or entitlement, can produce that result. A simple statement that the heir receives nothing is insufficient.
What happens if the legitime is too small?
Article 906 allows a compulsory heir whose legitime was impaired to demand completion. Testamentary dispositions and donations may be reduced under the applicable order and rules.
Does the legitime apply when there is no will?
The term is central to testamentary succession, but the same family relationships also affect intestate distribution. When no effective will disposes of the estate, intestate rules determine the shares.
Apply it to an estate: For who is entitled to a legitime and how it is determined, read compulsory heirs and legitime.
Related terms and next guides
Compulsory heir · Preterition · Representation · Inheritance guides
Educational note: Exact shares require a complete family tree and estate computation. The Filipino explanation is not an official translation.
Jurisdiction: Philippines
Last reviewed: September 2026