WHEN SURVIVING ALONE 1. COMPULSORY HEIR(S) ALWAYS 1/2 OF THE HEREDITARY ESTATE EXCEPT: surviving spouse when the marriage was solemnized in articulo mortis and the deceased died within 3 months from the time of marriage, LEGITIME IS 1/3 of the estate. EXCEPTION TO THE EXCEPTION: when the parties had been living together for more than 5 years before the marriage, the LEGITIME IS 1/2 of the estate. 1 LC/D SURVIVING SPOUSE 1/2 1/4 free portion: 1/4 SEVERAL LC/D SURVIVING SPOUSE 1/2 (divided among them in equal shares) equal to the share of one LC/D free portion: remainder ONE LC/D SEVERAL ILC/D 1/2 of the estate Each ILC is entitled to half of the share of one LC. If the FP is not sufficient, ILC shall divide the FP equally among themselves. SEVERAL LC/D SEVERAL ILC 1/2 ( IN EQUAL PORTION) EACH IS ENTITLED TO HALF OF THE SHARE OF ONE LC. If the FP is not sufficient, ILC shall divide the FP equally among themselves
ONE LC SURVIVING SPOUSE SEVERAL ILC 1/2 1/4 Each is entitled to half of the share of one LC. If the FP is not sufficient to cover the share of the SS and ILC, the share of the SS shall take preference. ILC shall divide the FP equally among themselves SEVERAL LC SURVIVING SPOUSE SEVERAL ILC 1/2 (DIVIDED EQUALLY) equal to share of one LC Each shall be entitled to half of the share of one LC. LEGITIMATE PARENT SURVIVING SPOUSE 1/2 1/4 FP= 1/4 LEGITIMATE PARENT/ASC ILLEGITIMATE CHILDREN 1/2 1/4 (DIVIDED IN EQUAL SHARES) ILLEGITIMATE PARENTS ILLEGITIMATE CHILDREN ILLEGITIMATE PARENTS ARE EXCLUDED BY DESCENDANT WHETHER LEGITIMATE OR ILLEGITIMATE. LEGITIMATE PARENTS SURVIVING SPOUSE ILLEGITIMATE CHILDREN 1/2 1/8 1/4
ILLEGITIMATE PARENTS SURVIVING SPOUSE 1/4 1/4 SURVIVING SPOUSE ILLEGITIMATE CHILDREN 1/3 1/3 FP= 1/3 INTESTATE SUCCESSION Those in the direct descending line excludes those in the ascending line and collateral relatives.
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- Fall '17