Chapter II
Those of Ordained Shares
Definition of ordained share and those of ordained shares
355.
{1} An ordained share is a specified share allotted to the heir in the estate.
(2)
Ordained shares are one half, one-quarter, one-eighth, two-thirds, one- third, one-sixth and one-third of the
rest.
(3)
Those of ordinal shares are the husband, the wife, the father, the mother, the daughter, maternal half-blood
brothers, the son's granddaughter, the full-blood sister, the paternal half-blood sister, the valid grandmother and the
true grandfather.
Ordained shares of the husband
356.
The husband inherits by ordained shares (a)
one-half of the estate, in the absence of an inheriting descendant; at all;
(b)
one-quarter of the estate in the presence of an inheriting descendant, at all.
Ordained shares of the wife
357.
(1) The wife inherits by ordained shares (a)
one-quarter of the estate, in the absence of an inheriting descendant, at all;
(b)
one-eighth, of the estate, in the presence of an inheriting descendant, at all;
(2) Where wives are several, the ordained share shall equally be divided among them.
Conditions of one of the spouses inheriting the other
358.
There shall be required for one of the spouses inheriting the other that (a)
the marriage shall be valid;
(b)
marriage shall de facto or de jure, be established between them.
Cases of the daughter inheritance
359.
The daughter inherits (a)
one-half of the estate by ordainment, where she is alone, and there is no son with her;
(b)
two-thirds of the estate by ordainment, where they are more than one and there is no son with them.
Cases of the father inheritance
360.
The father inherits: (a)
one-sixth of the estate, by ordainment, upon the presence of an inheriting male descendant.
(b)
one-sixth of the estate, by ordainment and the rest after the shares of those of ordained share, by
consanguinity, upon the presence of an inheriting female descendant only.
(c)
all the estate, by consanguinity, where alone, and the rest after the shares of those of ordained shares by
consanguinity, upon the absence of an inheriting descendant, at all.
Cases of the mother inheritance
361.
The mother by ordainment inherits: (a)
one-sixth of the estate, where the deceased has an inheriting descendant or several brothers or sisters, at all;
(b)
one-third of the estate, where the deceased has no inheriting descendant, and no group of brothers and
sisters, and the father and one of the spouses are not therewith;
(c)
one-third of the rest of the estate after one of the spouses' share, where there is a father and one of the
spouses, and there is neither an inheriting descendant among the heirs, nor a group of brothers and sisters.
Maternal half-blood brother’s inheritance
362.
Maternal half-blood brothers inherit by ordainment: (a)
one-sixth where single and there is neither an inheriting descendant among the heirs at all, nor an
inheriting male ascendant;
(b)
one-third where they are more than one and there is no inheriting descendant at all among the heirs, nor an
inheriting male ascendant; and shall equally be divided among them, the male having like what is for the female.
Disinheritance of the maternal half-blood brothers
363.
The maternal half-blood brothers shall be disinherited, upon presence of an inheriting descendent, at all, or
an inheriting male ascendant.
The common question
364.
Where among the heirs there are maternal half-blood brothers and with then there is a full-blood brother,
or full-blood brothers individually, or a full-blood sister or full-blood sisters, and the shares of those of ordained
shares cover all the estate then the full-blood brothers and sisters shall participate in the one-third, to be equally
divided between them, the male having similar to what is for the female.
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