What is “legitime”?
Legitime is the portion of a testator’s estate that the law reserves for compulsory heirs and that the testator generally cannot freely dispose of. A compulsory heir may be deprived of a legitime only for a cause expressly recognized by law and through valid disinheritance.
Who are compulsory heirs?
Compulsory heirs are persons for whom the Civil Code reserves a share of the estate. Subject to the rules on concurrence, exclusion, filiation, and representation, they include:
- Legitimate children and descendants;
- In the absence of legitimate children or descendants, legitimate parents and ascendants;
- The surviving spouse; and
- Illegitimate children whose filiation is duly established.
Can a person give away all of his or her property through a will?
Generally, no. A testator may freely dispose only of the free or disposable portion of the estate. The legitimes of compulsory heirs must first be respected. Testamentary dispositions that impair or exceed the disposable portion may be reduced to the extent necessary to preserve the compulsory heirs’ shares.
Can a compulsory heir be deprived of his or her legitime?
Yes, but only through a valid disinheritance for a cause expressly stated by law. Disinheritance must:
- Be made in a valid will;
- Specify a legal cause recognized by the Civil Code; and
- Be supported by proof of that cause if the disinherited heir contests it.
An ineffective disinheritance cannot prejudice the compulsory heir’s legitime.
Legal basis: Articles 886, 887, 904, and 914–918 of the Civil Code of the Philippines.