Who Inherits When a Spouse Dies Without a Will?

Spouse Died Intestate Image Article Nicolas and de Vega Law

This article talks about the proper heirs when a spouse dies without a will.

There is a famous saying that life is uncertain but death is certain. Death is indeed inevitable and often comes as a surprise.  For this reason, it is difficult to prepare for the death of a loved one.

If a spouse dies without a will, who will be the heirs? In the absence of a will, legal or intestate succession takes place [Article 960, Civil Code]. In default of testamentary heirs, the law vests the inheritance, in accordance with the rules hereinafter set forth, in the legitimate and illegitimate relatives of the deceased, in the surviving spouse, and in the State [Article 960, Civil Code].

The rightful heirs will depend on the who survived the decedent. Please see the list below for the various permutations:

1.  If only the widow/widower is left, then she/he gets everything [Article 995, Civil Code].

2.  If the widow/widower and legitimate children are left, the estate is divided equally among the children and the widow/widower [Article 996, Civil Code].

3.  If the widow/widower, legitimate children and illegitimate children are left, the widow/widower and the legitimate children each get equal shares while the illegitimate child will get a share equivalent to half of the share of a legitimate child [Article 999, Civil Code].

4.  If the widow/widower and illegitimate children are left, the illegitimate children will get half of the estate while the remaining half will go to the widow/widower [Article 998, Civil Code].

5. If the widow/widower and parents of the decedent are left, the widow/widower shall get half while the remaining half goes to the decedent’s parents [Article 997, Civil Code]

6. If the s widow/widower, parents of the decedent and illegitimate children are left, the parents shall get one half (1/2), the widow/widower one-fourth (1/4) and the illegitimate children on-fourth) [Article 1000, Civil Code]

This is how property is divided among the heirs if one of the spouses die without a will.

About Nicolas and De Vega Law Offices

If you want to learn how to make a will or need help regarding estate planning, wills and succession, we can help you. Nicolas and De Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com .