One of the root causes of misunderstandings among children of deceased parents
involves MANA.
"Hatian" normally cause frictions among brothers and sisters.
why? some heirs would feel that "equal share" does not necessarily result in,well, equal shares!
One of the well known cases is that of Atty. Potenciano.
(which we will just leave it for you to do a research)
Settlement of estate ( left by the deceased) is either thru judicial proceedings, with respect to a WILL, or thru Extra-Judicial Settlement, when the deceased left
no will.
Judicial settlement is quite expensive,thus, the normal route is Extra-judicial Settlement of Estate where heirs agree among themselves who gets what.
We often see in Filipino films about a father "disinheriting" an heir.
not true. your parents cant just do away with your share easily.
Art. 887. The following are compulsory heirs:
(1) Legitimate children ;
(2) In default of the foregoing, legitimate parents;
(3) The widow or widower;
(4) Acknowledged natural children, and natural children by legal fiction;
(5) Other illegitimate children referred to in Article 287.
Disinherit an heir? here's the provision:
Art. 916. Disinheritance can be effected only through a will wherein the legal cause therefor shall be specified ( enumerated under Art. 919)
