Intestate Succession in the Philippines: Are Nieces and Nephews Considered Heirs?

Query: If the deceased left no parents, children, or spouse, and only one sibling along with nieces and nephews, are the nieces and nephews considered heirs?

In the context of Philippine law, the rules of intestate succession come into play when a person dies without a will. The law prescribes who will inherit the estate of the deceased and in what proportion. The primary legal framework governing intestate succession in the Philippines is the Civil Code of the Philippines.

Order of Intestate Succession

1. Legitimate Children and Descendants

   • The first in line to inherit are the legitimate children and descendants. They inherit in equal shares.

2. Illegitimate Children

   • If there are no legitimate children or descendants, illegitimate children inherit next.

3. Surviving Spouse

   • The surviving spouse shares the inheritance with legitimate and illegitimate children. If there are no children, the spouse inherits alone or with other heirs of the same degree.

4. Parents and Ascendants

   • If there are no descendants, the parents and ascendants (grandparents, great-grandparents) inherit next.

5. Collateral Relatives

   • In the absence of all the aforementioned heirs, the collateral relatives up to the fifth degree inherit. This includes siblings, nephews, and nieces.

Specific Case: No Parents, Children, or Spouse

Given the specific case where the deceased left no parents, children, or spouse, and only one sibling along with nieces and nephews, the law dictates the following:

• Sole Sibling Inherits

  • If the deceased left only one sibling, the entire estate goes to this sole sibling. This is because siblings are considered primary heirs in the collateral line.

• Role of Nieces and Nephews

  • Nieces and nephews only inherit by representation if their parent (the deceased's sibling) had predeceased the decedent. This means that if the deceased had another sibling who passed away, the children of that sibling (the nieces and nephews) would inherit the share that would have gone to their parent.

In the scenario where there is only one surviving sibling and the deceased had no other siblings who predeceased them, the nieces and nephews do not inherit. The entire estate would go to the surviving sibling.

Conclusion

Nieces and nephews are considered heirs under Philippine law, but only under specific circumstances. They inherit by right of representation if their parent (the sibling of the deceased) had already passed away. If there is a surviving sibling and no other siblings who predeceased the decedent, the estate goes entirely to the surviving sibling, and nieces and nephews do not inherit in such a case. This legal framework ensures a clear and orderly transfer of assets in the absence of a will.