Question: Does an illegitimate child have a right to inherit from a deceased parent's estate, and what can they do if the legal wife refuses to give them their share?
In the Philippines, the rights of illegitimate children to inherit from their parents are explicitly provided for under the law. An illegitimate child is defined as one born to parents who were not legally married at the time of the child’s birth or who were not subsequently married. Despite their status, illegitimate children are still considered compulsory heirs under the Philippine Civil Code, meaning they are entitled to a portion of their deceased parent's estate.
Inheritance Rights
Illegitimate children have the right to inherit from both their biological father and mother. However, their share is only half of what a legitimate child would receive. For example, if a legitimate child is entitled to inherit one-third of the estate, an illegitimate child would receive one-sixth. This rule is enshrined in Article 895 of the Civil Code.
The Role of the Legal Wife
The presence of a legal wife does not negate the inheritance rights of an illegitimate child. While the legal wife and legitimate children (if any) may have a larger share of the estate, the illegitimate child is still entitled to their proportionate share as mandated by law. The legal wife cannot unilaterally refuse to give the illegitimate child their share.
Legal Recourse
If an illegitimate child is denied their rightful inheritance, they can take several legal actions:
Judicial Settlement of Estate: If the estate is not being settled voluntarily among heirs, the illegitimate child may file a petition for the judicial settlement of the estate in court. This process involves a court-supervised distribution of the deceased's assets according to the rules of succession.
Compulsory Heir: As a compulsory heir, the illegitimate child can assert their right in court if they are excluded from the estate. The court can then order the distribution of the rightful share to the illegitimate child.
Claim Against the Legal Wife: If the legal wife is managing the estate and refuses to recognize the illegitimate child's share, the child may file a claim in court to enforce their inheritance rights. The court can issue an order compelling the legal wife to distribute the share of the estate to the illegitimate child.
Protection of Rights
It is important for illegitimate children to assert their rights promptly, as delay or failure to claim may complicate their ability to recover their inheritance. Consulting with a legal professional experienced in family and succession law is advisable to ensure that their rights are fully protected.
Conclusion
Illegitimate children in the Philippines have a clear legal right to inherit from their deceased parents, albeit at a reduced share compared to legitimate children. The refusal of a legal wife to distribute this share does not negate this right, and legal avenues are available to ensure that illegitimate children receive what is due to them under the law.