Quick answer

Compulsory heirs are those who, by law, are entitled to a portion of the estate called the legitime, which the testator cannot dispose of freely because it is reserved for them; they cannot be deprived of it except by valid disinheritance for a legal cause. Knowing who the compulsory heirs are is essential to understanding how an estate is divided. The compulsory heirs are: legitimate children and descendants, with respect to their legitimate parents and ascendants; in default of legitimate children and descendants, the legitimate parents and ascendants, with respect to their legitimate children and descendants; the surviving spouse; and illegitimate children. The legitimate children and descendants are called primary compulsory heirs, because they are preferred and exclude the legitimate parents and ascendants; the legitimate parents and ascendants are secondary compulsory heirs, inheriting only in default of legitimate children and descendants. The surviving spouse and the illegitimate children are concurring compulsory heirs, meaning they inherit together with the primary or secondary heirs (they do not exclude them and are not excluded by them, though their shares are affected by who else is present). The shares (legitimes) of each depend on the combination of heirs who survive. Adopted children generally have the same successional rights as legitimate children with respect to the adopter. Because the legitime is reserved, any will that impairs it is reduced to protect the compulsory heirs, and the total omission of a compulsory heir in the direct line (preterition) or an invalid disinheritance has the drastic effects the law provides. So the compulsory heirs, legitimate children and descendants, in their default legitimate parents and ascendants, the surviving spouse, and illegitimate children, are entitled to a reserved legitime that the testator cannot freely give away.

What a Compulsory Heir Is

Compulsory heirs are entitled by law to the legitime — a reserved portion the testator cannot freely dispose of and cannot take away except by valid disinheritance.

Who They Are

Primary, Secondary, and Concurring

Legitimate children/descendants are primary; parents/ascendants are secondary (inherit only in default of the primary). The surviving spouse and illegitimate children are concurring — they inherit together with the primary or secondary heirs. Adopted children generally inherit like legitimate ones from the adopter.

Practical Takeaways

Frequently Asked Questions

Who are the compulsory heirs? Legitimate children and descendants; in their default, legitimate parents and ascendants; the surviving spouse; and illegitimate children. They are entitled by law to a reserved portion called the legitime.

What is the difference between primary and secondary compulsory heirs? Legitimate children and descendants are primary compulsory heirs and exclude the legitimate parents and ascendants. The legitimate parents and ascendants are secondary heirs, inheriting only in default of legitimate children and descendants.

Do the spouse and illegitimate children exclude the children? No. The surviving spouse and illegitimate children are concurring compulsory heirs, inheriting together with the primary or secondary heirs, though the specific shares depend on the combination of heirs present.

Can a compulsory heir be deprived of their share? Only by valid disinheritance for a legal cause stated in a will. Otherwise, the legitime is reserved for them, and any will that impairs it is reduced to protect the compulsory heirs.

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.

If you have questions about your rights or options under Philippine law, our firm is available to assist. You may reach us via Viber or WhatsApp, call us at 0995 433 5550, or send an email to vivasnobles@gmail.com. We look forward to hearing from you.