If I'm already entitled to a legitime as one of my father's children, can he still direct the free portion of his estate toward me specifically, so I inherit more than my siblings?

What the free portion actually is

After the legitimes owed to compulsory heirs are set aside, whatever remains of the estate is the free portion — the part the law leaves entirely to the testator's own judgment. Article 914 confirms that the testator may devise and bequeath that remainder as he deems fit, without needing to justify the choice or divide it in any particular way among the people named, and without owing any of the other heirs an explanation for it.

The choice is not limited to outsiders

Nothing in Article 914 confines the free portion to people outside the family. A testator is equally free to direct it toward one of his own compulsory heirs — a child who is already guaranteed a legitime — rather than toward a stranger, a charity, or a more distant relative. The same unlimited discretion behind the article covers both choices equally, so favoring a family member with the free portion is no less lawful than giving it away entirely.

Stacking it on top of a legitime

When the free portion goes to a child who is already a compulsory heir, it does not merge into or reduce that child's legitime — the two are computed and given separately. The child first receives the legitime the law guarantees, then receives the additional gift from the free portion on top of it, ending up with more than what the other compulsory heirs receive from their legitimes alone, even though every heir's minimum protected share stays fully intact.

Why a testator might do this

Parents sometimes want to recognize one child's greater need, greater contribution to the family, or simply a closer relationship, without violating the legitime owed to every compulsory heir. Directing the free portion to that child is a lawful way to create that unequal outcome while still respecting everyone else's protected minimum share, and it requires nothing more than clearly saying so in the will itself. A testator who wants this outcome does not need to disinherit anyone or explain the decision to the other children; the free portion is simply his to direct as he sees fit.

Cases citing this provision

These Supreme Court decisions cite the provision above. We list them so you can read them yourself; the summaries of what each decided are not ours to give.

• Nelfa Delfin Trinidad, et al. vs. Salvador G. Trinidad, et al, G.R. No. 254695, December 6, 2023 — read the decision on LawPhil →

Related provisions

• Civil Code, Article 914 — Free Disposal Of Free Portion
• Civil Code, Article 906 — Completion Of Deficient Legitime
• Civil Code, Article 842 — The Limit of Testamentary Freedom