Inheritance division

Dear Atty. Peachy,

I am writing to seek advice regarding a matter of inheritance following the recent passing of my father. My father passed away without leaving a will, and I find myself in a complicated situation concerning the distribution of his estate.

My father is survived by me and my two siblings from his first marriage. In addition to us, he has an estranged wife whom he legally married after the death of our mother but had not lived with for over 20 years prior to his death. The estrangement was not formalized and no separation agreement was in place.

Given these circumstances, I am unsure how the estate should be divided and whether the estranged wife has any legal claim to the inheritance. My siblings and I were under the impression that we would inherit everything as my father had expressed his desire for us to do so, but I am concerned about the implications of the existing marriage.

What does Philippine law say regarding the distribution of an estate in the absence of a will in this particular scenario? I would greatly appreciate any guidance you can provide.

Roy

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Dear Roy,

Thank you for reaching out regarding your inheritance concerns. Your situation touches on several important aspects of Philippine inheritance law, particularly concerning intestate succession, which is applicable given that your father did not leave a will.

Under the Civil Code of the Philippines, specifically Article 960, in cases of intestacy, the distribution of the estate is determined by the rules of succession laid out in the law. In your case, your father’s estate will be divided among his legal heirs as follows:

1. Legitimate Children: As the legitimate children, you and your siblings each have equal claims to your father’s estate. According to Articles 996 and 1000 of the Civil Code, the estate will first go to the legitimate children, who will inherit in equal shares.

2. The Estranged Wife (Widow): The estranged wife, despite the long period of separation, still holds a legal status as your father’s wife and is thereby entitled to a portion of his estate. Under Article 1001, the widow would inherit a share equal to that of a legitimate child if there are no other children. If there are legitimate children, the widow would receive one-fourth (1/4) of the estate if there are two or more children (Article 1002).

Given your father’s circumstances with his estranged wife, you might face a difficult but necessary process of discussing the distribution of the estate with her. Although there may not have been any cordial relationship, legally, she is still recognized as part of the family unit and her share must be honored under the law.

I understand this may not align with your father’s wishes as you mentioned, but unfortunately, Philippine law does not take unexpressed desires into account in the absence of a will.

Should you have any more questions about the process or need further guidance, feel free to reach out again.

Atty. Peachy Selda-Gregorio