Aside from reading about hereditary rights of collateral relatives, read also: HEREDITARY RIGHTS OF AN ADOPTED CHILD
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Brothers and sisters, nephews and nieces, are collateral relatives
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With the presence of a child, parent, or spouse, the collateral relatives cannot inherit except through a Will
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With the absence of children, parents, or spouse, the collateral relatives may inherit even without a Will
May your brothers or sisters inherit from you?
Generally, there are two ways within which a person may inherit from another person. Either through the operation of law called legal or intestate succession, or through the execution of a Will which requires the formalities provided for by law.
Another to consider is whether or not a person has a compulsory heir. In one of our previous articles, it was discussed that compulsory heirs are children, parents, or spouse. As to who should inherit first or more depends on the presence or absence of a child.
Now, going back to the question above, may your brothers or sisters inherit from you?
The law says:
It depends.
Brothers or sisters are not compulsory heirs. Thus, without a Will, they may not inherit. However, if there is an instance that brothers or sisters were instituted as heirs in a Will, still, they cannot receive the whole or all of their inheritance if it would reduce the lawful share of the compulsory heirs.
In another way, brothers or sisters may inherit even in the absence of a Will. This happens only when there is no compulsory heir. To be clear, your brothers or sisters may only inherit from you if you are not survived by any of your children, parents or spouse. But, if you are survived by your child, parent, or spouse, you may institute any, some, or all of your brothers or sisters on the condition that the lawful share of your compulsory heirs were not reduced or diminished.
One more thing, in any instances, even if the law operates, your illegitimate brothers or sisters cannot inherit from you except when you institute them in your Will as one of your heirs.
Next question, may your nephews and nieces inherit from you?
The law says:
Like the answer to the first question, it depends.
If they are your legitimate collateral relatives and in the absence of all your compulsory heirs and the legitimate brothers or sisters who are the parents of your nephews or nieces, they may inherit without a Will. Otherwise, they may inherit only through a Will or testamentary succession.
We invite you to read a related article regarding this. Please click here.
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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Hello. If the decedent survived by his half sister and illegitimate 2 children who are both minors, is the property will be divided into 3?
Can you include real property still under your deceased paraents name to your last will and testament
Can properties not yet under ones name be included in his last will since said prooerty is still under their deceased parents name
My question is, does any siblings get a share if the parents bought a land after the rest of their children got married?
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My aunt died a week ago. She is not survived by compulsory heirs. She have 4 sisters. I do not know if there is a will. 3 of her sisters died already. I am a sole son of one of her sisters. Will I inherit? If yes, what percentage? Long ago, my aunt gave me money to purchase a car. The car is under my name upon purchase. Will it be a part of her estate to be probated? Thank you and more power.
My mom is one of the sisters who already died way back
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