Can a legitimate child contest an extrajudicial settlement if excluded from the partition of the estate?

In the Philippines, extrajudicial settlement of estates refers to the process where the heirs agree to divide the estate among themselves as they see fit, without the need to go through court proceedings. This process is generally faster and less costly than judicial settlement. However, issues can arise when one or more heirs feel that the distribution of assets is not equitable or when an heir is excluded from the settlement.

The law provides clear guidelines regarding the rights of heirs, particularly legitimate children. Under the Philippine Civil Code, all legitimate children are entitled to an equal share of the inheritance, unless a valid will states otherwise. If a legitimate child is excluded from an extrajudicial settlement or believes the division was unjust, they have the right to contest the agreement.

To contest an extrajudicial settlement, the excluded heir must take legal action by filing a case in court. The court will then review the settlement to ensure compliance with the law, particularly the provisions on compulsory heirs and their legitime. Legitime refers to the portion of the estate that cannot be deprived from compulsory heirs through testamentary dispositions or donations.

For a contestation to be successful, the excluded heir needs to demonstrate that:

They are a compulsory heir.
They were either not included in the settlement or received less than their rightful share.
The settlement was done without their knowledge or consent, and without them signing any waiver of rights.

It is essential to note that an extrajudicial settlement is only valid if all heirs are in agreement. If even one heir disagrees, or if there was an attempt to defraud an heir by excluding them or minimizing their share, the settlement can be voided. In such cases, a judicial settlement may be necessary.

In conclusion, a legitimate child who has been excluded from an extrajudicial settlement of an estate has legal recourse to contest the agreement. They must prove their status as a compulsory heir and show that their exclusion or the inequitable distribution of assets was against the provisions of Philippine inheritance law. Contesting an extrajudicial settlement is a serious legal matter, and it is advisable for affected parties to consult with a lawyer specializing in inheritance law to ensure that their rights are protected.