Problem Areas in Legal Ethics
PART IV
Seeing as Wendy and Ben are both well provided for in Manuel’s will, and that their respective legitimes are protected under Articles 892, 894, and 897 of the New Civil Code, contesting the will simply to deprive Cora of Manuel’s bequeathal may be considered frivolous. For Louie to advise Wendy to sue based on unfairness may not be enough to justify the amount of time and energy that Wendy may expend in contesting Manuel’s will, a feat that may not prosper in the first place.
Art. 892. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate. In case of a legal separation, the surviving spouse may inherit if it was the deceased who had given cause for the same.
If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children or descendants.
In both cases, the legitime of the surviving spouse shall be taken from the portion that can be freely disposed of by the testator. (834a)
Art. 894. If the testator leaves illegitimate children, the surviving spouse shall be entitled to one-third of the hereditary estate of the deceased and the illegitimate children to another third. The remaining third shall be at the free disposal of the testator. (n)
Art. 897. When the widow or widower survives with legitimate children or descendants, and acknowledged natural children, or natural children by legal fiction, such surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children which must be taken from that part of the estate which the testator can freely dispose of. (n)
In each of the instances in the articles reproduced above, Wendy will be well provided for in relation to Ben’s legitime, regardless of how he is recognized in relation to Manuel’s will.
Louie may withdraw his legal services under Canon 22.01(e) of the Rules of
Seeing as Wendy and Ben are both well provided for in Manuel’s will, and that their respective legitimes are protected under Articles 892, 894, and 897 of the New Civil Code, contesting the will simply to deprive Cora of Manuel’s bequeathal may be considered frivolous. For Louie to advise Wendy to sue based on unfairness may not be enough to justify the amount of time and energy that Wendy may expend in contesting Manuel’s will, a feat that may not prosper in the first place.
Art. 892. If only one legitimate child or descendant of the deceased survives, the widow or widower shall be entitled to one-fourth of the hereditary estate. In case of a legal separation, the surviving spouse may inherit if it was the deceased who had given cause for the same.
If there are two or more legitimate children or descendants, the surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children or descendants.
In both cases, the legitime of the surviving spouse shall be taken from the portion that can be freely disposed of by the testator. (834a)
Art. 894. If the testator leaves illegitimate children, the surviving spouse shall be entitled to one-third of the hereditary estate of the deceased and the illegitimate children to another third. The remaining third shall be at the free disposal of the testator. (n)
Art. 897. When the widow or widower survives with legitimate children or descendants, and acknowledged natural children, or natural children by legal fiction, such surviving spouse shall be entitled to a portion equal to the legitime of each of the legitimate children which must be taken from that part of the estate which the testator can freely dispose of. (n)
In each of the instances in the articles reproduced above, Wendy will be well provided for in relation to Ben’s legitime, regardless of how he is recognized in relation to Manuel’s will.
Louie may withdraw his legal services under Canon 22.01(e) of the Rules of