LEGITIME
Who are the compulsory heirs?
Compulsory heirs have a reserved portion in the testator's estate. The reserved portion is called the legitime.
Heirs if the testator is a legitimate person:
1. Legitimate children and descendants
2. If there are no legitimate children, the legitimate parents and ascendants
(parents will not inherit if the testator has children)
3. Surviving spouse and
4. Illegitimate children and descendants.
Heirs if the testator is an illegitimate person:
1. Legitimate children and descendants
2. Illegitimate children and descendants
3. If there are not illegitimate children, the illegitimate parents (parents will not inherit if the testator has illegitimate children)
4. Surviving spouse
Note: The adopted shall be deemed to be a legitimate child of the adopters.
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