If only legitimate otherwise illegitimate children are leftover, the mother and father aren’t permitted any legitime anyway
If your marriage involving the surviving companion plus the testator is actually solemnized from inside the articulo mortis, in addition to testator passed away within this 3 months since out-of the wedding, the fresh new legitime of surviving lover since the sole heir will getting you to-third of your genetic estate, but if they have become life due to the fact husband and wife having more than 5 years. (n)
Ways. 901. When the testator dies making illegitimate students without almost every other compulsory heirs, instance illegitimate youngsters should has a right to one to-50 % of the brand new genetic estate of your own lifeless.
Art. 902. The brand new rights away from illegitimate college students set forth about before stuff is transmitted up on the passing on their descendants, whether legitimate or illegitimate. (843a)
Ways. 903. If perhaps new widow otherwise widower survives which have parents of illegitimate kid, the newest legitime of parents is but one-fourth of your genetic property of your own child, and that of your own thriving lover together with one to-next of your own house. (n)
Art. 905. All the renunciation otherwise sacrifice in relation to another legitime involving the person due they along with his mandatory heirs is actually emptiness, while the second elizabeth through to this new death of the former; even so they must provide collation whatever they may have acquired of the advantage of one’s renunciation or lose. (816)