Inheritance Rights and Will in the Philippines for Legally Married Spouse and Children

Understanding Inheritance Rights in the Context of an Unresolved Marriage in the Philippines

Introduction: In the Philippines, the legality of a will and the distribution of assets upon death can be complex, especially in situations where there is a legally married spouse and children from that marriage, as well as children from extramarital relationships.

Legal Framework:

1. Validity of the Will: A person can legally bequeath property through a will. However, certain shares, known as the "legitime," are reserved by law for compulsory heirs, which include the legal spouse and legitimate children.
2. Compulsory Heirship: Under the Philippine Civil Code, regardless of the stipulations in the will, compulsory heirs are entitled to their legitime. This means a portion of the estate must be reserved for the legal spouse and legitimate children.
3. Community Property: If the marriage between your wife's mother and her husband is still legally recognized, a portion of the estate may be considered conjugal property, which she is entitled to.

Scenario Analysis:

• Leaving Assets to the Daughter from the Girlfriend: While the father can include his daughter from his girlfriend in his will, he cannot completely disinherit his legal wife and legitimate children. They are still entitled to their legitime.
• Legal Wife and Children's Entitlement: Your wife, her siblings, and her mother are likely entitled to a share of the estate, especially since the marriage was never legally dissolved.

Recommended Actions:

1. Legal Consultation: It is crucial for your wife’s family to consult with a lawyer specializing in family and inheritance law in the Philippines to understand their rights and the intricacies of the situation.
2. Estate Claim: Should the father pass away, the legal wife and legitimate children may need to file a claim for their share of the estate, considering the legitime and any conjugal property rights.
3. Review of the Will: When the will is executed, it’s advisable to have it reviewed legally to ensure that the rights of the compulsory heirs are protected.

Conclusion: In the Philippines, while individuals have the right to bequeath their property through a will, the law protects certain rights of compulsory heirs, including a legal spouse and legitimate children. In your wife’s case, her mother and her siblings may be entitled to a portion of the estate, regardless of the stipulations in the will. Legal advice is essential in navigating this situation and asserting their inheritance rights.