Legitime: Meaning in Philippine Law
Quick answer
The legitime is the part of a person's property that the law reserves for certain heirs, called compulsory heirs. A will cannot take it away from them, except by disinheritance for a cause allowed by law. What is left over is the free portion, which the person may give to anyone by will.
How does the Civil Code define legitime?
Legitime is that part of the testator’s property which he cannot dispose of because the law has reserved it for certain heirs who are, therefore, called compulsory heirs.
Article 904 adds that the testator cannot deprive compulsory heirs of their legitime "except in cases expressly specified by law". Who the compulsory heirs are is listed in Article 887.
How big is the legitime?
It depends on which heirs survive. The basic rule for children is in Article 888:
The legitime of legitimate children and descendants consists of one-half of the hereditary estate of the father and of the mother.
Some other shares:
- Surviving spouse: with one legitimate child, one-fourth of the estate; with two or more, the same as the legitime of each child, taken from the free portion (Article 892).
- Illegitimate children: each gets one-half of the legitime of a legitimate child (Family Code Article 176, as amended by Republic Act No. 9255).
See the table of legitime shares for each combination of heirs.
How is it computed?
Article 908 says the legitime is computed on the net estate: the property left at death, minus debts and charges, plus the value of donations that are subject to collation. In a marriage, the spouses' community or conjugal property is first liquidated (Family Code Articles 103 and 130), and its net remainder is, as a rule, divided equally between husband and wife (Articles 102 and 129). Only the deceased spouse's share goes into the estate.
Example
Made-up illustration: Ana dies with a will. It leaves ₱100,000 to her husband Carlo, ₱100,000 to her daughter Dina, and everything else to her son Ben. Her net estate is ₱1,200,000.
- The children's legitime is one-half: ₱600,000, so ₱300,000 each for Ben and Dina.
- Carlo's legitime equals one child's legitime: ₱300,000, taken from the free half (Article 892).
- That leaves a free portion of ₱300,000, which the will gives to Ben.
Carlo and Dina were each left less than their legitime, so under Article 906 each may demand that it be fully satisfied. In the end Ben receives ₱600,000, Dina ₱300,000 and Carlo ₱300,000. If the will had left Dina out completely, the rules on preterition (Article 854) would apply instead. See Legitime shares in the Philippines and Can parents disinherit a child?.
Which provisions use this term?
Frequently asked questions
What is legitime in simple words?
It is the share of an estate that the law reserves for certain close family members, called compulsory heirs. The person who makes a will cannot give that share to someone else (Civil Code Articles 886 and 904).
How much is the legitime of children?
The legitime of legitimate children is one-half of the estate of the father and of the mother, divided among them (Article 888). The legitime of each illegitimate child is one-half of the legitime of a legitimate child (Family Code Article 176, as amended by RA 9255).
What is the free portion?
It is the part of the estate that is not reserved as legitime. The person making the will may give it to anyone, subject to the rights of the surviving spouse and illegitimate children (Article 888).
What can an heir do if a will leaves him less than his legitime?
Under Article 906, a compulsory heir left less than his legitime may demand that it be fully satisfied. A lawyer can check the will and the computation.
General information, not legal advice. For your case, ask a lawyer, the Public Attorney's Office (PAO) or the agency.
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