Civil Code, Article 995 — Surviving Spouse Takes All

What this article means

In the absence of legitimate descendants and ascendants and of illegitimate children and their descendants, the surviving spouse inherits the entire estate — without prejudice to the rights of brothers, sisters, nephews and nieces under Article 1001.

How this article reads today. The share stated above was worked out on the classification of children used when this Code took effect in 1950. Article 176 of the Family Code now provides that the legitime of each illegitimate child is one-half of the legitime of a legitimate child, and that “except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force.” Read this article subject to that rule. The Family Code also recognises a single class of illegitimate child, so the Civil Code’s older sub-classifications no longer apply.

Questions about this provision

• My husband died without a will, without children and without living parents — do I inherit everything?

Related provisions

• Article 994 — Spouse of an Illegitimate Child.
• Article 998 — Spouse With Illegitimate Children.

Cases citing this article

• Erlinda Pilapil, et al. vs. Heirs of Maximino R. Briones, et al, G.R. No. 150175, March 10, 2006 — read the decision on LawPhil →
• Heirs of the Late Apolinario Caburnay, et al. vs. Heirs of Teodulo Sison, namely, G.R. No. 230934, December 2, 2020 — read the decision on LawPhil →

Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.