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Legitimes v.

Intestacy Table
Combination 1 2 3 4 5 LC alone LC SS 1LC SS LC IC LC IC SS 1LC IC SS LP alone LP IC LP SS LP IC SS SS alone SS IC SS IP IC alone IP alone L Ascendants SS L Bros/Sis/Nephews/Nieces SS I Bros/Sis/Nephews/Nieces Children of any kind IP L Bros/Sis Alone L Bros/Sis Nephews/Nieces Nephews/Nieces Uncles/Aunts I Bros/Sis alone I Bros/Sis Nephews/Nieces Nephews/Nieces alone Other collaterals State Legitimes collectively Share equal to 1 LC collectively of 1 share of 1LC (each) collectively of 1 share of 1LC (each) Share equal to 1 LC collectively of 1 share of 1LC (each) 1/8 or 1/3 (articulo mortis) 1/3 1/3 Intestate Share Whole estate divided equally Whole estate divided equally Share equal to 1 LC - Santillon v Miranda collectively collectively Whole estate divided equally of 1 share of 1LC (each) Share equal to 1 LC Whole estate divided equally of 1 share of 1LC (each) Share equal to 1 LC Whole estate divided equally collectively collectively collectively collectively collectively Whole estate collectively collectively Whole estate divided equally Whole estate divided equally Whole estate divided equally (rule on division by line) collectively collectively Cf 1, 4, 14 Excluded Whole estate observing 2:1 proportion (full-half blood) Whole estate observing 2:1 proportion (full-half blood) Inheriting by representation Whole estate (per capita) observing 2:1 proportion (full-half blood) Excluded Bacayo v Borromeo Whole estate observing 2:1 proportion (full-half blood) Whole estate observing 2:1 proportion (full-half blood) Inheriting by representation Whole estate (per capita) observing 2:1 proportion (full-half blood) Whole estate (per capita) the nearer exclude the more remote Whole estate

7 8* 9* 10*

11 12* 13* 14 15 16 17* 18* 19 20 21

22 23 24 25 26 27

Rules of Exclusion and Concurrence in Intestacy


Exclude Parents Collaterals State Illegitimate Parents Collaterals State Collaterals State Collaterals State Collaterals (other than Bros/Sis/Nephews/Nieces & State) Concur Legitimate Children Surviving Spouse Illegitimate Children Illegitimate Children Surviving Spouse Legitimate Children Legitimate Parents Legitimate Parents Illegitimate Parents Surviving Spouse Illegitimate Parents Surviving Spouse Surviving Spouse Legitimate Children Illegitimate Children Legitimate Parents Illegitimate Parents Bros/Sis/Nephews/Nieces Bro/Sis/Nephews/Nieces Surviving Spouse Excluded by No one

No one

Legitimate Children

Legitimate Children Illegitimate Children No one

All other collaterals State

Legitimate Children Illegitimate Children Legitimate Parents Illegitimate Parents Legitimate Children Illegitimate Children Legitimate Parents Illegitimate Parents Surviving Spouse Bro/Sis/Nephews/Nieces

The nearer exclude the more remote

Other Collaterals Collaterals of the same degree

State No one No one Everyone