Ar cle 1126 Men and women are equal in their right to inheritance.
Ar cle 1127 The estate of a decedent shall be succeeded in the following order:
(1) rst in order: spouse, children, and parents;
(2) second in order: siblings, paternal grandparents, and maternal grandparents.
When succession opens, the successor(s) rst in order shall inherit to the exclusion of the successor(s)
second in order. The successor(s) second in order shall inherit the estate in default of any successor rst in
order.
“Children” referred to in this Book include children born in or out of wedlock, and adopted children, as well
as stepchildren who were raised up by the decedent.
“Parents” referred to in this Book include blood parents and adop ve parents, as well as stepparents who
raised the decedent.
“Siblings” referred to in this Book include siblings of whole blood and half blood, and adopted siblings, as
well as stepsiblings who supported or were supported by the decedent.
Ar cle 1128 Where a decedent is predeceased by a child of his, the lineal descendants of the predeceased
child shall inherit in subroga on.
Where a decedent is predeceased by a sibling of his, the children of the predeceased sibling shall inherit in
subroga on.
Successors who inherit in subroga on generally may only take the share of the estate per s rpes.
Ar cle 1129 Widowed daughters-in-law or sons-in-law who have made predominant contribu ons in
suppor ng their parents-in-law shall, in rela onship to their parents-in-law, be regarded as successors rst in
order.
Ar cle 1130 Successors same in order shall, in general, inherit share and share alike.
When distribu ng an estate, due considera on shall be given to a successor who has special nancial
di cul es and is unable to work.
When distribu ng an estate, a successor who has made predominant contribu ons in suppor ng the now
decedent, or who has been living with the now decedent may be given a larger share.
When distribu ng an estate, a successor who had the ability and was in a posi on to support the now
decedent but failed to ful ll the duty of support shall be given no or a smaller share.
Successors may take unequal shares upon agreement among them.
Ar cle 1131 An appropriate share of the estate may be given to a person, other than a successor, who has
been a dependent of the now decedent, or to a person, other than a successor, who has made considerable
contribu ons in suppor ng the now decedent.
Ar cle 1132 Any issue arising from succession shall be dealt with through consulta on by and among the
successors in the spirit of amity, unity, mutual understanding, and accommoda on. The me and mode for
par oning the estate and the shares to be distributed shall be determined by the successors through
consulta on. Where no agreement is reached through consulta on, they may apply to a people’s media on
commi ee for media on or ins tute legal proceedings in the people’s court.
Chapter III Testate Succession and Testamentary Gi
Ar cle 1133
A natural person may, by making a will in accordance with the provisions of this Code, dispose of his estate
and may appoint an executor in the will.
A natural person may, by making a will, designate one or more of his statutory successors to inherit his
estate.
A natural person may, by making a will, donate his estate to the State or a collec ve, or an organiza on or
individual other than his statutory successor.
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