Inheritance Rights of Children vs. Live-in Partners in the Philippines (2025 update)
1 | Legal Sources at a Glance
| Subject | Key Provisions / Rulings | What they say |
|---|---|---|
| Compulsory heirs | Civil Code, Art. 887 | Lists heirs the law cannot disinherit—legitimate children & descendants, legitimate parents & ascendants, surviving spouse, acknowledged illegitimate children whose filiation is proved. Live-in partners are not on the list. citeturn3search1 |
| Legitimes | Arts. 888-895 Civil Code | Reserve part of every estate: legitimate children/spouse get ½; each illegitimate child gets ½ the share of a legitimate child, and the whole group of illegitimate children can never receive more than the legitimate children’s legitime. citeturn3search2turn0search5 |
| Unions without marriage | Arts. 147-148 Family Code | Create a co-ownership over property acquired during the union: equal shares if both are free to marry (Art 147); shares pro rata to proven contribution in bigamous/adulterous unions (Art 148). citeturn4search4turn4search6 |
| Latest jurisprudence on children | Aquino v. Aquino (2022) | Abandons the old “iron-curtain” rule—non-marital (illegitimate) children may now inherit by right of representation from their grandparents and other direct ascendants. citeturn5view0 |
| Live-in partner & succession | Lawyer-Philippines, 2025 commentaries | A live-in partner “has no automatic share in intestate succession; only what a will or contract validly gives within the free portion.” citeturn0search3 |
2 | Children’s Successional Rights
Classification still matters
- Legitimate (born/adopted in a valid or voidable marriage, or legitimated under R.A. 9858).
- Illegitimate / “non-marital.”
- Adoption under R.A. 11642 now confers full legitimate status.
As compulsory heirs
- They succeed by law whether or not the decedent made a will.
- Legitimate children take first; if none, legitimate parents; illegitimate children are always compulsory but receive a reduced legitime. citeturn3search1
How much do they receive?
- Intestate succession: children (legitimate and illegitimate) divide the entire estate, applying the 1:½ ratio.
- Testate succession: the forced (legitime) portion cannot be impaired. The “free portion” is what remains and may be left to anyone—including a partner.
- Aggregate share of all illegitimate children may never exceed the share reserved for legitimate children. citeturn0search5
Right of representation after 2022
- Aquino v. Aquino allows an illegitimate grandchild to step into the shoes of a deceased parent—erasing the iron curtain in the direct line. citeturn5view0
3 | Live-in Partner’s Position
No standing as heir in intestate succession
- The partner is a legal stranger to the estate; nothing passes to them by default. citeturn0search3
Co-ownership is separate from succession
- Before death, the union creates joint ownership over property acquired during cohabitation (Art 147 or 148).
- Upon death, the deceased’s ½ (or proportionate) share enters his/her estate and goes to the heirs; the survivor keeps only his/her own share. citeturn4search4turn1search0
How a partner can still receive property
- Will or legacy: Up to the “free portion” after legitimes.
- Inter-vivos deeds: Donations, TOD deeds, survivorship agreements, life-insurance beneficiary designations.
- Reimbursement: For improvements or exclusive contributions proven under Art 148 unions.
Bigamous/adulterous unions (Art 148)
- The partner keeps only what they can prove they paid for; wages/salaries of the “innocent” partner are exclusively theirs. citeturn1search0
4 | Comparative Examples
| Scenario | Estate division (simplified) |
|---|---|
| Decedent leaves ₱10 M; 2 legitimate children + live-in partner; no spouse | Legitimate children get ₱4 M each (total ₱8 M) as legitime; ₱2 M free portion may be willed to partner; if no will, partner gets ₀. |
| Decedent leaves ₱10 M; 1 legitimate + 1 illegitimate child; no will, no spouse | Legitimate gets ₆ ⅔ M; illegitimate gets ₃ ⅓ M (½ ratio). |
| Decedent and partner bought a house worth ₱6 M during Art 147 union (presumed equal). Estate = decedent’s ½ (₱3 M) + other assets. | Partner keeps ₱3 M as owner; the other ₱3 M is distributed to heirs. |
5 | Procedural Steps & Proofs
- Settlement route
- Extrajudicial if heirs are of age, in accord, and estate has no outstanding debts; otherwise judicial.
- Proving filiation
- Documents (birth certificate, acknowledgment); DNA testing is expressly allowed by the Supreme Court. citeturn5view0
- Partition of co-owned property
- Any co-owner (including the partner) or heir may demand partition any time; hidden assets may give rise to damages. citeturn1search6
6 | Recent & Emerging Issues (2023-2025)
| Update | Impact |
|---|---|
| Digital notarisation rules (A.M. 24-02-05-SC, 2024) | Wills, deeds and partner agreements can now be notarised via secure video—helpful for OFW or long-distance couples. citeturn1search8 |
| Administrative Adoption Act (R.A. 11642, 2022) | Adopted children enjoy full legitimacy and therefore equal inheritance rights. |
| More liberal treatment of “non-marital” status in case law | Courts lean toward the child’s best interests, narrowing gaps between legitimate and illegitimate shares. |
7 | Practical Estate-Planning Tips
- Put it in writing. If you want your live-in partner to receive anything beyond their co-ownership share, execute a notarial will or living trust.
- Review insurance and bank beneficiary forms. These transmit outside the estate and aren’t limited by legitime rules.
- Keep documentary proof of contributions. Essential in Art 148 unions to avoid disputes later.
- Update documents after adoption, legitimation, or DNA confirmation—they change compulsory-heir rankings.
8 | Key Takeaways
- Children—whether legitimate or not—are always compulsory heirs; their shares are fixed by law and, post-2022, they can even inherit in the direct ascending line. Live-in partners, on the other hand, cannot inherit by force of law. Their economic security lies chiefly in the co-ownership of property accumulated during the union and whatever the decedent validly sets aside for them through the free portion of a will or by contractual designations.*
(This article is informational and not a substitute for personalized legal advice. Succession rules are technical and time-sensitive; consult counsel for case-specific guidance.)