Below is a comprehensive overview of inheritance rights under Philippine law. This discussion centers on the New Civil Code of the Philippines (“Civil Code”), which provides the legal framework for both testate and intestate succession. While every attempt is made to be thorough and accurate, please note this is for general informational purposes only and does not constitute legal advice. For specific concerns, it is always best to consult a qualified attorney.

1. Legal Framework

The primary body of law governing inheritance in the Philippines is found in Book III, Title III (Succession) of the New Civil Code of the Philippines (Republic Act No. 386). The rules apply to both the distribution of property in the presence of a valid will (testate succession) and the distribution of property when no valid will exists (intestate succession). Philippine law adopts a combination of civil law concepts inherited from Spanish colonial rule and subsequent statutory revisions.

Key references in the Civil Code include:

Articles 774 to 1105, which define the rules on succession, wills, forced heirs, legitimes, and other related matters.

2. Basic Terminology

Succession
Succession is the mode by which ownership of property, rights, and obligations of a person (the decedent) is transmitted to his or her heirs upon death.
Testate Succession
Occurs when the decedent leaves a valid will that specifies the disposition of the estate.
Intestate Succession
Occurs when the decedent does not leave a valid will, or when the will does not dispose of the entire estate.
Mixed Succession
Occurs when there is a valid will, but it does not dispose of the entire estate. Part of the estate passes under the will, while the undisposed portion passes intestate.
Decedent
The person whose property is being transmitted after his or her death.
Heirs
The persons called by law or by a will to succeed to the decedent’s estate.

3. Types of Heirs in Philippine Law

Forced Heirs
Under Philippine law, certain family members are entitled to a compulsory portion (the “legitime”) of the decedent’s estate. They are called forced heirs. The Civil Code recognizes the following as forced heirs:
- Legitimate children and/or descendants (e.g., grandchildren, great-grandchildren)
- In default of legitimate children/descendants, legitimate parents and/or ascendants
- The surviving spouse
- Illegitimate children (though their share is generally smaller than that of legitimate children)
Voluntary Heirs
Persons named by the testator in the will to receive a share of the estate that is over and above the legitimes. This is part of the “free portion” of the estate that can be disposed of freely.
Intestate Heirs
When there is no valid will, or the will does not cover the entire estate, the law designates those who inherit by default. These can include legitimate/illegitimate children, surviving spouse, parents or ascendants, siblings, nephews/nieces, and other collateral relatives, depending on who survives.

4. The Legitime (Compulsory Portion)

One of the core features of Philippine succession law is the concept of the legitime—the portion of the decedent’s estate reserved by law for forced heirs. The decedent cannot freely dispose of this portion. If the will violates forced heirs’ legitimes (for instance, giving them a smaller share than mandated by law), the will’s provisions can be reduced or nullified to the extent necessary to restore the legitimes.

4.1 Shares of Forced Heirs

Legitimate Children/Descendants
Generally, legitimate children collectively receive one-half (½) of the inheritance as legitime if there are no other forced heirs (apart from the surviving spouse). If there is only one legitimate child, he or she is entitled to one-half of the estate. The remaining half is the free portion.
If there are multiple legitimate children, they share that half equally.
Surviving Spouse
The legitime of a surviving spouse varies depending on the coexistence with other heirs:
- When the spouse survives with legitimate children, the spouse’s legitime is the equivalent of the share of one legitimate child (though it is taken out of the free portion first if possible).
- If there are no legitimate children but there are legitimate parents/ascendants, the surviving spouse receives half of the estate as legitime, sharing with the ascendants in certain proportions.
- If the spouse is the only forced heir, he or she receives half of the estate as legitime.
Legitimate Parents/Ascendants
If there are no legitimate children/descendants, but the decedent’s parents or ascendants are still living, they inherit as forced heirs. They are collectively entitled to half of the estate as legitime.
Illegitimate Children
Philippine law grants illegitimate children a legitime but at a fraction of that given to legitimate children. Under the current code, an illegitimate child’s legitime is generally one-half the share of a legitimate child.

5. Testate Succession

5.1 Requirements for a Valid Will

To legally distribute one’s estate according to personal wishes, the testator (the person making the will) must satisfy the formal requirements set out in the Civil Code:

Age and Capacity
The testator must be at least 18 years of age and of sound mind at the time of making the will.
Form of the Will
- Notarial Will: Prepared in writing and signed by the testator, witnessed by at least three credible witnesses, and notarized according to legal formalities.
- Holographic Will: Entirely handwritten by the testator, dated, and signed without the need for notarization or witnesses. The authenticity may later be subject to probate confirmation.
Probate
Wills must be proved valid in a special court proceeding (probate) before they can be given effect. Probate ensures the will is genuine and that it meets all the formal legal requirements.

5.2 Freedom of Disposition and Limitations

While Philippine law recognizes an individual’s right to dispose of his or her property, that freedom is not absolute. The testator must respect the legitimes of forced heirs. Any provision in the will that impinges on the forced heirs’ legitimes is subject to reduction or nullification.

6. Intestate Succession

6.1 When Intestate Rules Apply

Intestate succession takes place in the following scenarios:

The decedent dies without a will.
The will is invalidated or annulled.
The will does not dispose of the entire estate (for the undisposed portion).
Suspensive conditions in the will are not fulfilled.
Heirs named in the will are incapable of inheriting or predecease the testator, and there are no substitutes.

6.2 General Order of Intestate Heirs

Philippine law provides a clear hierarchy when determining intestate heirs:

Legitimate children and/or descendants
Legitimate parents and/or ascendants (if there are no legitimate children/descendants)
Surviving spouse
Illegitimate children
Collateral relatives (siblings, nephews, nieces, etc.)
The State (if no relatives exist)

Examples of Intestate Shares

Multiple Legitimate Children (No Surviving Spouse): They share the entire estate equally.
One Legitimate Child + Surviving Spouse: They share the estate in specific proportions, typically the child gets half, and the spouse half—though details may vary based on the Civil Code’s provisions.
Illegitimate Children Sharing with Legitimate Children: The shares of illegitimate children are generally half of the share of legitimate children under intestate rules, though the specific distribution can get complex.

7. Rights of the Surviving Spouse

The surviving spouse is always a compulsory heir, whether in testate or intestate succession. However, the spouse’s share depends on who else survives:

With legitimate children: The spouse’s share is generally equivalent to the share of one legitimate child when partitioning the estate (though it is taken from different portions depending on the presence of free portion or legitimes).
With parents or ascendants only: The surviving spouse may receive half of the estate, sharing with the ascendants in equal parts or specific proportions laid out in the Civil Code.
No other heirs: The spouse inherits the entire estate.

Additionally, under the Family Code, the spouse may also have rights in relation to conjugal or community property acquired during marriage, which must be settled before determining inheritances.

8. Illegitimate Children’s Inheritance Rights

Illegitimate children are entitled to inherit from the decedent, but their share is less than that of legitimate children. Philippine law generally grants an illegitimate child a legitime equal to half the share of a legitimate child. For instance, if a legitimate child is to inherit 100 pesos, an illegitimate child would inherit 50 pesos as legitime.

Importantly, proof of filiation is crucial for an illegitimate child to claim inheritance rights. This often requires judicial recognition or presentation of appropriate civil registry documents.

9. Collateral Relatives

When there are no surviving forced heirs (i.e., no spouse, no legitimate or illegitimate children, no parents or ascendants), the law calls on the decedent’s collateral relatives:

Siblings (and their descendants) come next in line.
If none exist, then more distant collaterals (aunts, uncles, cousins) may inherit.
Ultimately, if absolutely no relatives are found, the estate escheats to the State.

10. Disinheritance

Under Philippine law, a testator may disinherit certain forced heirs only for causes provided by law and stated explicitly in the will. Common lawful causes can include serious acts of disrespect, certain crimes committed against the testator, or malicious refusal of support. If the will fails to specify the legally recognized cause, or if the cause is not proven, the disinheritance is void, and the forced heir’s legitime must be restored.

11. Property Covered by Inheritance

Inheritance rights extend to:

Real property (land, buildings) and personal property (bank accounts, vehicles, jewelry, etc.).
Rights and obligations transferable by law (e.g., collectible debts owed to the decedent).

However, some rights are strictly personal and do not survive death (e.g., personal claims or rights terminated upon death).

12. Settlement of Estate and Payment of Debts

Before distributing the estate to heirs, all debts and liabilities of the decedent must be settled. If the estate is insolvent, creditors are paid first, and whatever remains (if any) passes to the heirs. If the decedent’s liabilities exceed the value of the estate, the heirs are generally not personally liable beyond the decedent’s net estate (provided they act properly in settling the estate).

13. Estate Taxes

While not strictly an “inheritance right,” estate taxes also impact the net amount actually received by heirs. Philippine estate tax laws require the filing of an estate tax return and the payment of estate taxes based on the net value of the estate (assets minus allowable deductions). The distribution of the estate can only proceed (and property transferred in official registries) once taxes are settled.

14. Conclusion

Inheritance rights under Philippine law rest on a framework that balances testamentary freedom with the protection of certain family members known as forced heirs. Key takeaways include:

Forced Heirs & Legitimes: Specific family members (legitimate children/descendants, legitimate parents/ascendants, surviving spouse, and illegitimate children) hold inviolable rights to a mandatory share of the estate.
Testate vs. Intestate: A valid will allows the testator control over the free portion, but the legitime portion is protected by law. Without a valid will or for any undisposed portion, the estate passes according to intestate succession.
Surviving Spouse & Children: They are generally the primary inheritors, with surviving parents or ascendants coming into play in the absence of direct descendants.
Formalities & Probate: Wills must follow strict formal requirements and undergo probate.
Estate Settlement: Debts, estate taxes, and formalities must be complied with before heirs can fully exercise their rights.

Because inheritance can be legally and procedurally complex—particularly with blended families, multiple marriages, or contested wills—seeking professional legal assistance is strongly advised. Each inheritance situation may have unique factual circumstances requiring tailored advice, and only a qualified attorney can provide definitive guidance in compliance with Philippine laws.