Does an Illegitimate Child Have Rights to Inheritance in the Philippines, Even if There Was a Deed of Sale Signed Prior to Death?

Question: Does an Illegitimate Child Have Rights to Inheritance in the Philippines, Even if There Was a Deed of Sale Signed Prior to Death?

Answer:

Yes, under Philippine law, an illegitimate child has rights to inheritance. Specifically, the Family Code of the Philippines (Title IV, Chapter 3) grants illegitimate children the right to inherit from their biological father, although the share is generally half that of a legitimate child.

However, the situation becomes more complex when a deed of sale is involved. If the property in question was sold prior to the decedent's death, and the sale was legitimate and in good faith, the property may no longer form part of the estate. This means that the illegitimate child may not have any claim to it.

What are the Inheritance Rights of an Illegitimate Child?

An illegitimate child is entitled to half the share of the legitimate child's inheritance from the biological father. This includes both property and personal relations.

Does a Deed of Sale Affect the Inheritance Rights?

A deed of sale, if executed properly and in good faith, transfers ownership. If the property was legitimately sold prior to death, it will not be included in the estate for distribution. However, if there are signs of fraud or undue influence related to the sale, it might be contested in court.

What Can be Done if There are Concerns About the Deed of Sale?

If there are concerns that the deed of sale was executed under suspicious circumstances, legal action might be taken to challenge the sale. This could include showing that the deed was executed under duress, fraud, or mistake.

Conclusion

The rights of an illegitimate child to inherit are clear under Philippine law. However, if the property was legitimately sold through a deed of sale prior to the parent's death, those rights may not apply to that specific property. It might be wise to consult with a Philippine attorney who specializes in inheritance law to understand the specific details and options available in your situation.