Q. I wish to seek your views as regards the following issues:
The proceeds over the sale of a property of a deceased who acquired it as inheritance from his parents . This deceased was unmarried and without child. So in this case, I was told that the surviving siblings inherits from the deceased sibling.
However, what will be the situation where a deceased sibling who is married but without a child and is survived only by the wife. Is the wife entitled to inherit ? And if so, what is the basis of the sharing ?
This property is in the Philippines and title was already under the deceased sibling’s name. The wife and the surviving siblings are all in the Philippines. I Hope you can give me clarification on the matter. Thanks. Abogado ng bayan. Mabuhay kayo!! “ Melvin”.
Ans: Hi Melvin . Thanks for your letter. Hereunder are my view per your request :
As regards the Philippine laws on the issues, and on the assumption that the deceased left no will , kindly take note of the following:
On the first situation, where the deceased is unmarried and has no child (legitimate or illegitimate) and is survived only by his/her siblings, then surviving siblings inherits all the estate of the deceased.
In the second case however , where the deceased is survived by his spouse (without a child) and siblings, the estate shall be divided equally between them. Such that the surviving spouse, gets ½ and the siblings gets the other half.
In my view the above submission is in accordance with our laws in intestate succession, and more particularly Article 1001 of the Civil Code of the Philippines. And for your ready reference, the same is hereunder reproduced:
“Art 1001. Should brothers and their sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half”.
Looking forward you’ll find the above in order. Thank you.
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