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WHAT IS LEGITIME?

Image Source Published — June 1, 2022 The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still best for you to engage the services of your own lawyer to address your legal concerns, if any. Also, the matters contained Read more about WHAT IS LEGITIME?[…]

When may illegitimate children use the surname of their father?

xxx it is clear that the general rule is that an illegitimate child shall use the surname of his or her mother. The exception provided by RA 9255 is, in case his or her filiation is expressly recognized by the father through the record of birth appearing in the civil register or when an admission in a public document or private handwritten instrument is made by the father. In such a situation, the illegitimate child may use the surname of the father. (Grace Grande v. Antonio, G.R. No. 206248, February 18, 2014)

What are the instances when a donation may be reduced?

The donation shall be revoked or reduced insofar as it exceeds the portion that may be freely disposed of by will.

The revocation or reduction of donation shall take into account the whole estate of the donor at the time of the birth, appearance or adoption of a child.

The revocation or reduction is authorized only if the amount or value of the property donated exceeds the disposable free portion.

REDUCTION OF INHERITANCE

After reading this article about reduction of inheritance, also read: HEREDITARY RIGHTS OF AN ILLEGITIMATE CHILD Donations given to children shall be charged to their legitime A person cannot give by donation more than he can give by Will Donations are respected as long as the legitime can be covered Moderate gifts, when made by Read more about REDUCTION OF INHERITANCE[…]