Legitime of the Compulsory Heirs

Filipinos generally adapt the English custom of ultimogeniture by which the youngest son succeeds the family home.

But the Philippine law respects the legitime of the compulsory heirs for the sake of family solidarity and to protect them from the unjustified anger or thoughtlessness of the testator. Article 886 of the New Civil Code defines LEGITIME as part of the testator’s property which he cannot dispose of because the law has reserved it for compulsory heirs.

Thus, the dispositions that deprive a compulsory heir of his legitime cannot be given effect albeit a WILL was validly executed by the testator.

Compulsory heirs: (Art. 887)

1. Legitimate children and descendants;
2. In default of the foregoing, legitimate parents and ascendants;
3. Widow or widower; and
4. Illegitimate Children

Take for instance, the legitime of the legitimate children is one-half (½ ) of the testator’s properties divided by the number of children.

The testator may only disinherit or omit any or all of the compulsory heirs if the causes that are expressly stated in Articles 919-921 of the Code are specified in a will.

Despite the provisions of the law, I would not mind if my legitime from my parents would be impaired. After all, the efforts or monies used to acquire the properties were produced by their very own hands. I believe, God’s blessings will enable me to buy my own property someday.

1 Peter 1:3-5

³Praise be to the God and Father of our Lord Jesus Christ!
In his great mercy he has given us new birth into a living hope through the resurrection of Jesus Christ from the dead,
⁴and into an inheritance that can never perish, spoil or fade—kept in heaven for you, ⁵who through faith are shielded by God's power until the coming of the salvation that is ready to be revealed in the last time.