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 how a parent can inherit from his child, read also: WHAT IS LEGAL SUCCESSION?
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Parents are not primary heirs
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Without a Will, a grandparent may not inherit from his child
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The law does not allow a parent to inherit from his child unless he is a compulsory heir
Most of us are familiar with children inheriting from their parents or grandparents. That is because it is the common scenario. Rare is the reverse situation. May a parent inherit from his children? Referring to the characters in our previous articles, may Jose Mari inherit from his children namely: Gerard Franco, Ryan, and Rene?
The law says:
It depends.
For purposes of simplicity, let us presume that Jose Mari is a widower. Out of his marriage are three legitimate children namely: Gerard Franco, Ryan, and Rene. Jose Mari is more of a vegetarian compared to his three children.
Jose Mari, a successful businessman, was able to influence his three children to co-manage his wine factory. Few years after, Rene left his father’s wine factory and built his own chocolate factory. The chocolate factory became successful. Rene opened several branches throughout the Philippines. Upon reaching the age of Forty-one, Rene died due to diabetes. Rene was not married and had no child.
In this case, being a compulsory heir, Jose Mari may inherit from Rene. Thus, with or without a Will, Jose Mari may receive inheritance from the estate of his child Rene. If Rene has executed a Will, Jose Mari will get at least half of the estate of Rene. If Rene has not executed a Will, Jose Mari will get the whole estate of Rene by way of legal or intestate succession.
Do note that Gerard Franco and Ryan will not inherit through legal or intestate succession from Rene. They are not compulsory heirs. They may only inherit from their brother Rene if the latter has executed a will and instituted them as two among his heirs to receive some of his properties or transmissible rights. In this case, they are called “voluntary heirs” of Rene.
If Rene died leaving a surviving wife, his Father Jose Mari, may still inherit. Again, Gerard Franco and Ryan will not receive any except through a Will. BUT, if Rene died leaving a child (legitimate or illegitimate), Jose Mari may not inherit except through a Will.
To sum up and for a better understanding, please refer to the tables below:
Table 1
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Jose Mari is a LEGITIMATE parent of Rene |
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Situation |
Amount of inheritance |
|
|
No Will |
With a Will |
|
|
1. Rene died without a surviving spouse or child |
Whole of the estate |
½ of the estate |
|
2. Rene died with a surviving spouse |
½ of the estate |
½ of the estate |
|
3. Rene died with an illegitimate child |
None |
up to ½ of the estate or less depending on the will of Rene
|
|
4. Rene died with a legitimate child |
None |
up to ½ of the estate or less depending on the will of Rene |
Table 2
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Jose Mari is an ILLEGITIMATE parent of Rene |
||
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Situation |
Amount of inheritance |
|
|
No Will |
Will |
|
|
1. Rene died without a surviving spouse or child |
Whole of the estate |
¼ of the estate |
|
2. Rene died with a surviving spouse |
½ of the estate |
¼ of the estate |
|
3. Rene died with an illegitimate child |
None |
up to ½ of the estate or less depending on the will of Rene
|
|
4. Rene died with a legitimate child |
None |
up to ½ of the estate or less depending on the will of Rene |
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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