29/04/2026
In the Philippines, especially among lower to middle-class families, having a last will and testament is often overlooked.
While people are still alive, it is rarely seen as a priority. As long as there is a house, land, or some savings,many assume that everything will eventually fall into place.
But in reality, this is where problems often begin.
While the law provides a system of intestate succession, this means that in the absence of a will, the estate is distributed strictly according to law—not personal intention.
And in practice, this often leads to:
• Disagreements among family members
• Questions on entitlement and fairness
• Delays and additional expenses
• Strained relationships that could have been avoided
A last will and testament allows you to express your wishes— but always within the limits set by law.
Under the Civil Code of the Philippines, particularly Articles 774, 886, and 887, and related provisions on succession, the law governs how a person’s estate is transmitted upon death.
It recognizes that certain heirs are compulsory heirs, whose rights are protected by law.
This means that:
• A portion of the estate, known as the legitime, is reserved for compulsory heirs
• These include the surviving spouse, legitimate children, and illegitimate children
• This portion cannot be freely disposed of, except for causes expressly provided by law
In other words, you cannot simply give away your entire estate to anyone, nor arbitrarily reduce or deprive compulsory heirs of their shares.
Only after complying with these legal shares does the law allow freedom.
• The remaining portion, known as the free portion, may be freely distributed
• This is where you can allocate more to a particular heir, recognize relationships, or leave a legacy based on your personal intentions
This is why having a will is important.
It ensures that:
• Your estate is distributed in accordance with the law
• Your intentions are clearly expressed and respected
• Your family is protected from unnecessary disputes
Because at the end of the day, this is not just about property—it is about clarity, fairness, and preserving relationships.
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