Quick answer

Illegitimate children are compulsory heirs and are entitled to a legitime, a reserved portion of their parent's estate that the parent cannot freely dispose of. The fundamental rule on the amount is that the legitime of each illegitimate child consists of one-half of the legitime of a legitimate child. This one-half proportion is the defining feature of an illegitimate child's successional share when they concur with legitimate children. For example, if a decedent is survived by legitimate children and illegitimate children, each illegitimate child receives one-half of the share of each legitimate child, taken from the portion of the estate available for that purpose, provided the legitimes of the legitimate children are not impaired (the legitimes of legitimate children are preferred; the illegitimate children's shares are satisfied from the remaining free portion, and if it is insufficient, they are reduced proportionately). When there are no legitimate children but there are illegitimate children concurring with other heirs (such as the surviving spouse or the legitimate parents of the decedent), the law fixes the corresponding shares. Illegitimate children also inherit by intestate succession, again generally at one-half the share of a legitimate child when they concur with legitimate children. An important limitation is the iron curtain rule (Article 992): an illegitimate child and the legitimate relatives of their parent cannot inherit from each other by intestate succession, so an illegitimate child generally cannot inherit ab intestato from their legitimate grandparents, uncles, or aunts, and vice versa, though the child inherits from their own parent. Legitimated children and legally adopted children, by contrast, generally have the same successional rights as legitimate children. So an illegitimate child's legitime is one-half that of a legitimate child, and while they are compulsory and intestate heirs of their parent, the iron curtain rule bars intestate succession between them and their parent's legitimate relatives.

Illegitimate Children Are Compulsory Heirs

Illegitimate children are compulsory heirs entitled to a legitime — a reserved share the parent cannot freely give away.

The One-Half Rule

Each illegitimate child's legitime is one-half of a legitimate child's legitime. When concurring with legitimate children, each illegitimate child gets half a legitimate child's share — the legitimate children's legitimes are preferred, and the illegitimate shares come from the remaining portion (reduced if insufficient).

The Iron Curtain Rule

Under Article 992, an illegitimate child and the legitimate relatives of their parent cannot inherit from each other by intestacy — so no intestate inheritance from legitimate grandparents/uncles/aunts. But the child inherits from their own parent. Legitimated/adopted children inherit like legitimate ones.

Practical Takeaways

Frequently Asked Questions

How much does an illegitimate child inherit? The legitime of each illegitimate child consists of one-half of the legitime of a legitimate child. When concurring with legitimate children, each illegitimate child receives half the share of a legitimate child.

Are illegitimate children compulsory heirs? Yes. Illegitimate children are compulsory heirs entitled to a legitime, a reserved portion of their parent's estate that cannot be freely disposed of, and they also inherit by intestate succession.

What is the iron curtain rule for illegitimate children? Under Article 992, an illegitimate child and the legitimate relatives of their parent cannot inherit from each other by intestate succession, so an illegitimate child generally cannot inherit ab intestato from legitimate grandparents, uncles, or aunts, and vice versa.

Do adopted or legitimated children get the same share as legitimate children? Generally yes. Legitimated children and legally adopted children generally have the same successional rights as legitimate children, unlike illegitimate children whose legitime is one-half.

This commentary is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney.

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