Let’s face it—when someone in the family passes away, things can get messy. Emotions run high, and then comes the question no one really wants to ask: “So... who gets what?”
If you’ve ever found yourself wondering who exactly the legal heirs are in the Philippines, you’re not alone. This is easily one of the most common legal questions we receive in our office, during seminars, and even from friends at reunions.
In this post, we’re diving into real questions people ask about inheritance—and more importantly, we’re giving you answers that make sense. No jargon. No confusing legalese. Just straight talk.
What if my father left a will, but didn’t include me—do I still get a share?
This hits home for a lot of people. Maybe you read the will and were shocked to find your name missing. “Did Dad forget me? Was I disinherited?”
Here’s the thing: under Philippine law, certain heirs can’t just be cut out of a will. These are what we call compulsory heirs, and if you’re a child (whether legitimate or not), a spouse, or a parent (if no children exist), you fall into this category.
What that means is this: even if you’re not named in the will, you’re still entitled to a portion of the estate—unless there was a valid reason to disinherit you (and those reasons are very specific). So yes, there’s a good chance you still get your share.
Wait, who are compulsory heirs again?
Great question. In simple terms, compulsory heirs are people the law automatically protects when someone dies. They include:
- Legitimate children or direct descendants
- Parents or grandparents (if there are no children)
- The surviving spouse
- Illegitimate children, though their share is smaller
The law makes sure these individuals get what’s called the legitime—a portion of the estate that’s untouchable, even by a will. So if you fall under any of those categories, you’re legally protected.
Can illegitimate children inherit too?
Yes. Absolutely. This comes as a surprise to many, but illegitimate children are also compulsory heirs. They just receive a smaller portion—half the share of a legitimate child, to be exact.
The important thing is that being born outside of marriage doesn’t erase your rights to inherit. But again, the actual amount you’ll receive depends on who else is in the picture—other kids, a surviving spouse, etc.
My parents were never married. Do I still have inheritance rights?
Short answer? Yes.
It doesn't matter if your parents didn’t walk down the aisle. If you're their biological child, you're still entitled to inherit. The law doesn’t punish children for the decisions of their parents.
That said, your classification as a legitimate or illegitimate child can affect how much of the estate you’re entitled to. But the right to inherit is still there.
I lived with my partner for 20 years. Am I an heir?
This is common, especially among older couples who chose to live together without getting married—maybe for personal reasons, or maybe because of previous marriages they never legally annulled.
Unfortunately, the law doesn’t recognize live-in partners as compulsory heirs. Even if you’ve built a life together for decades, the law still favors legal marriage.
However, you may still inherit if your partner included you in a valid will. And if you contributed to building assets together, you might be able to claim co-ownership—but you’ll need to prove that.
Moral of the story? If you’re in a long-term relationship, it's time for a grown-up conversation about legal protections.
My sibling and I are fighting over who gets what. What should we do?
You basically have two roads here:
- Extrajudicial Settlement – This is when all the heirs agree on how to divide the estate. It’s faster, cheaper, and happens outside of court.
- Judicial Settlement – If you can’t agree, then it’s off to court. This takes more time and money, but sometimes, it’s the only way to settle disputes.
If neither option works, the property stays co-owned until you figure things out. But that can get messy fast, especially if someone wants to sell or build on the property.
So whenever possible, talk it out—with a lawyer’s help, of course.
My aunt raised me since I was a baby. Am I her heir?
This is a tough one, emotionally. Culturally, we often assume that being “like a child” to someone is enough. But legally, unless you were adopted, you’re not a compulsory heir.
That doesn’t mean you can’t inherit anything. If your aunt made a will and included you, that’s perfectly valid. But if there’s no will and you’re not legally adopted, inheritance might be out of reach.
Pro tip: if you’re in this kind of setup, consider formal adoption or proper estate planning to protect your relationship legally.
What if there’s no will at all?
When there’s no will, we follow a process called intestate succession. The Civil Code lays out a clear order of who inherits first. Usually, it’s:
- Children and descendants
- Parents and ascendants
- The spouse
- Siblings or other relatives, depending on who’s left
So even without a will, the law takes over and distributes the estate based on bloodlines and marital ties.
My parents separated ages ago. Am I still an heir?
Definitely, yes. Your parents’ relationship status doesn’t affect your right to inherit from them.
You’re still their child, and that means you’re a compulsory heir—whether they were happily married, separated, or even legally divorced (if that ever becomes an option in the Philippines).
What might change is how much each person gets, especially if there’s a legal spouse still in the picture. But rest assured, your rights as a child remain intact.
So how do I protect my inheritance rights?
We’re glad you asked. Here’s how you can make sure you don’t miss out:
✅ Talk to a lawyer. Seriously. There’s no substitute for professional advice, especially when family dynamics and legal documents are involved.
✅ Understand your legal status. Are you a child, spouse, adopted, or co-owner? Your role determines your rights.
✅ Don’t rely on verbal promises. If someone says, “Don’t worry, may share ka naman,” get it in writing.
✅ Encourage proper estate planning. Talk to your elders (yes, even if it's awkward). Having a clear will or legal plan avoids conflict later.
Final Thoughts: Inheritance is about more than property—it's about peace
Legal matters don’t have to tear families apart. With proper knowledge, open communication, and a bit of forward planning, you can protect your rights—and your relationships.
Whether you’re dealing with a will, no will, or complex family history, knowing the basics of who the legal heirs in the Philippines are gives you a head start.
Want to dive deeper? We created an online Estate Settlement course just for situations like this. You can access it anytime at info.legalguide.ph/ask. Because when it comes to inheritance, it’s better to be prepared than to be sorry.