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 in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
Upon learning what is the hereditary rights of an illegitimate child, read also: WHEN MAY A PARENT INHERIT FROM HIS CHILD?
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An illegitimate child is one which is born outside of a marriage
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With or without a Will, an illegitimate child may inherit
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The share of an illegitimate child is half the lawful share of a legitimate child
Maintaining the imaginary characters in our previous articles, and for the purpose of this article, Gerard Franco is an illegitimate child of Jose Mari, a widower.
What are the hereditary rights of Gerard Franco? In other words, what are the rights of Gerard Franco with respect to the estate of Jose Mari, his father?
The law says:
Generally, an illegitimate child is entitled to receive properties or transmissible rights and obligations by way of inheritance from his parents. In this case, Gerard Franco has the right to receive inheritance from Jose Mari.
The amount of inheritance to which Gerard Franco is dependent on the following instances:
- If Gerard Franco is the only child of Jose Mari and in case of legal or intestate succession, meaning, Jose Mari had not executed a Will, Gerard Franco is entitled to the whole of Jose Mari’s estate.
But, if Jose Mari left a Will, Gerard Franco’s legitime to which he is lawfully entitled to, is at least half of Jose Mari’s estate.
- If Jose Mari has one legitimate child by the name of Pax, and in case of legal succession, Gerard Franco is entitled to half the lawful share of Pax.
The whole inheritance would be divided into three (3) portions. Pax will receive 2/3 of the estate while Gerard Franco will receive 1/3. But, if Jose Mari left a Will, Gerard Franco, being an illegitimate child is entitled to ¼ of the estate. Pax is entitled to his share of ½ of the estate.
Notice that with or without a Will, the share of Gerard Franco is always half the lawful share of Pax, the legitimate child of Jose Mari.
To be clear, in all instances, meaning with or without a Will, the share of an illegitimate child from the estate of his parent or parents is half the share of the legitimate child.
May an illegitimate child inherit from the legitimate child or children of his parents?
The law says:
Yes.
But only through a Will.
Thus, if Pax and Gerard Franco, through the smart and responsible parenting of Jose Mari and their respective mothers, grew up to be the best of friends, it is highly likely that Gerard Franco may be instituted as one of the heirs of Pax. In this case, Gerard Franco may inherit. As such, he is called a voluntary heir who may inherit only through a valid Will.
But, if Pax, due to numbers of his compulsory heirs and limited estate, did not institute Gerard Franco, his half-brother, as one of his heirs, there is no way for the latter to inherit from the former.
Another instance, what if Jose Mari has also an adopted child? What are hereditary rights of an adopted child? A related article would be posted in this same platform in a few days.
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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Thank you. Your article is very informative. Just to clarify.. example: Carlito, a childless widower died without a will, having one illigitimate child Carla. Does this mean Carla will inherit all of Carlito’s properties. Or is she going to divide it with Carlito’s siblings?
Thank you if this will merit a reply.