Legal Question in Civil Rights Law in Philippines

Right to inheritance

Who has the right over a conjugal property if both of the couple died and don't have children, however the wife died 1st, 6 yrs ago?


Asked on 8/22/07, 3:44 am

1 Answer from Attorneys

VOLTAIRE T. DUANO VOLTAIRE T. DUANO LAW OFFICE

Re: Right to inheritance

If the deceased spouses has left a last will and testament then succession will be governed by the same subject to the provisions of law. However, if the deceased spouses has no will, then the order of intestate succession to follow are:

If the decedent is a legitimate person, the order is:

(1) Legitimate children or descendants (but apparently there were no children);

(2) Legitimate parents or ascendants;

(3) Illegitimate children or descendants;

(4) Surviving spouse subject to concurrent right of brothers and sisters, nephews and nieces;

(5) Brothers and sisters, nephews and nieces;

(6) Other collateral relatives within fifth degree.

(7) State.

But if the decedent is an illegitimate person, the order is:

(1) Legitimate children or descendants (but apparently there were no children);

(2) Illegitimate children or descendants;

(3) Parents by nature;

(4) Surviving spouse subject to concurrent right of brothers and sisters, nephews and nieces;

(5) Brothers and sisters, nephews and nieces;

(6) State.

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Answered on 8/22/07, 5:13 am


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