SUMMARY OF LEGITIME AS TO AMOUNT:

SURVIVORS LEGITIMATE LEGITIMATE ILLEGITIMATE SURVIVING ILLEGITIMATE LEGAL BASIS

CHILDREN PARENTS AND PARENTS SPOUSE CHILDREN
AND ASCENDANTS
DESCENDANTS
Any class 1/2 1/2 1/2 1/2, 1/3, 1/2 1/2 Note for
alone Surviving
Spouse: Art.
900 – If the
only survivor is
the widow or
widower, she
or he shall be
entitled to one-
half of the
hereditary
estate of the
deceased
spouse, and
the testator
may freely
dispose of the
other half.

If the marriage
between the
surviving
spouse and the
testator was
solemnized in
articulo mortis,
and the
testator died
within 3
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 months from
the time of
marriage, the
legitime of the
surviving
spouse as sole
heir shall be
one-third of
the hereditary
estate, except
when they
have been
living as
husband and
wife for more
than five years.
In the latter
case, the
legitime of the
surviving
spouse shall be
that specified
in the
preceding
paragraph.
One Legitimate 1/2 1/4 Art. 892, par.1
child, – If only one
Surviving legitimate child
Spouse or descendant
of the deceased
survives, the
widow or
widower shall
be entitled to
one-fourth of

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 the hereditary
estate. x x x
Two or more 1/2 Same share as Art. 892, par.2
Legitimate each LC - If there are
Child, two or more
Surviving legitimate
Spouse children or
descendants,
the surviving
spouse shall be
entitled to a
portion equal
to the legitime
of each of the
legitimate
children or
descendants.
In both cases,
the legitime of
the surviving
spouse shall be
taken from the
portion that
can be freely
disposed of by
the testator.
Legitimate 1/2 1/4 Art. 893 – If
Parents and the testator
Surviving leaves no
Spouse legitimate
descendants,
but leaves
legitimate
ascendants,
the surviving
spouse shall
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 have a right to
one-fourth of
the hereditary
estate. This
fourth shall be
taken from the
free portion of
the estate.
Illegitimate 1/3 1/3 Art. 894 – If
Children and the testator
Surviving leaves
Spouse illegitimate
children, the
surviving
spouse shall be
entitled to one-
third of the
hereditary
estate of the
deceased and
the illegitimate
children to
another 1/3.
The remaining
third shall be
at the free
disposal of the
testator.
Legitimate 1/2 1/2 of the Art. 895 – The
Children and legitime of LC legitime of
Illegitimate (or ¼) for each of the
Children acknowledged acknowledged
natural child. natural
children and
4/5 of the each of the
legitime of the natural
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acknowledged children by
natural child legal fiction
shall consist of
one-half of the
legitime of the
legitime of
each of the
legitimate
children or
descendants.

The legitime of
an illegitimate
child who is
neither an
acknowledged
natural, nor a
natural
children by
legal fiction,
shall be equal
in every case to
4/5 of the
legitime of the
acknowledged
natural child.

The legitime of
the illegitimate
child shall be
taken from the
free portion of
the testator,
provided that
in no case
shall the total
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 legitime of
such
illegitimate
children
exceed that
free portion,
and that the
legitime of the
surviving
spouse must
first be fully
satisfied.
Illegitimate 1/2 1/4 Art. 896 –
Children and Illegitimate
Legitimate children who
Parents or may survive
Ascendants with legitimate
parents or
ascendants of
the deceased
shall be
entitled to one-
fourth of the
hereditary
estate to be
taken from the
portion at the
free disposal of
the testator.
Surviving 1/2 Same share as 1/2 of the Art. 897 –
Spouse, each LC legitime of each When the
Legitimate of LC. widow or
Children or widower
Descendants, survives with
and Legitimate
Children or
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Illegitimate Descendants,
Children and
acknowledged
natural
children, or
natural
children by
legal fiction,
such surviving
spouse shall be
entitled to a
portion equal
to the legitime
of each of the
legitimate
children which
must be taken
from that part
of the estate
which the
testator can
freely disposed
of.

Art. 898 – If
the widow or
widower
survives with
legitimate
children or
descendants,
and with
illegitimate
children other
than
acknowledged
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 natural or
natural
children by
legal fiction,
the share of
the surviving
spouse shall be
the same as
that provided
in the
preceeding
article.

Surviving 1/2 1/8 1/4 Art. 899 –

Spouse, When the
Legitimate widow or
Parents or widower
Ascendants survives with
and legitimate
Illegitimate parents or
Children ascendants
and with
illegitimate
children, such
surviving
spouse shall be
entitled to one-
eight of the
hereditary
estate of the
deceased
which must be
taken from the
free portion,
and the
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 illegitimate
children shall
be entitled to
one-fourth of
the estate
which shall be
taken also
from the
disposable
portion. The
testator may
freely dispose
of the
remaining one-
eighth of the
estate.
Illegitimate Art. 903 - If
Parents and only the widow
Surviving or widower
SPouse survives with
parents of the
illegitimate
child, the
legitime of the
parents is one-
fourth of the
hereditary
estate of the
child, and that
of the surviving
spouse also
one-fourth of
the estate.

Quick Summary:
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1. Legitimate Children – ½ of estate divided by number of children.
2. One Legitimate Child and Surviving spouse:
- Child – ½
- Surviving Spouse – ¼
3. Two or more legitimate children and surviving spouse:
- LC – ½
- Surviving spouse – same share as one legitimate child
4. Two or more legitimate children, surviving spouse, illegitimate children:
- LC – ½
- Surviving spouse – Same share as one LC (to be taken from Free Portion)
- Illegitimate Child – Each gets ½ of the share of one LC (also to be taken from the FP)
5. Legitimate Parents and Surviving spouse – ½, ¼
6. Surviving Spouse and Illegitimate Children – 1/3, 1/3

7. Legitimate Parents, Surviving Spouse, Illegitimate Children:

- Legitimate Parents – ½ (even if there is only one parent)
- Surviving Spouse – 1/8
- Illegitimate – ¼
8. Legitimate Parents alone – ½
9. Illegitimate Children alone – ½
10. Surviving Spouse only – 1/2 , but if marriage was in articulo mortis and testator died within 3 months from
the time of marriage, 1/3; if parties however, had lived together as husband and wife for more than 5 year before
marriage, 1/2.
11. Legitimate Parents and Illegitimate Children;
- Legitimate Parents – ½
- Illegitimate Children – ¼
12. Illegitimate Parents only – ½
13. Illegitimate Parents and Surviving Spouse – ¼, ¼
14. Illegitimate Children alone – ½
15. Illegitimate Parents and Illegitimate children – None, 1/2

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