Donation to Illegitimate Grandchildren

Someone asked me, "I have a friend who...

was born as an illegitimate child together with his four other illegitimate siblings, now all of legal age. His aging grandmother on his mother's side decided to transfer 6 of her 10 real properties and the right to the fruits of these 6 by donation to her daughter and illegitimate grandchildren to ensure that they can already make use of the land even while she is still alive. She executed a deed of donation signed and accepted by her daughter and her 5 illegitimate children through a written contract. 

The grandmother is a widow with 3 children, all legitimate. The other two children did not sign the Deed of Donation. The brother of the mother of my friend is arguing that he and his family, including his 4 legitimate children, are more entitled to the properties since my friend and his four other siblings are illegitimate. The grandmother insist on transferring it to the names of both my friend's mother AND her children. 

Does my friend's status as an illegitimate child make the contract void? What adjustments and limitations can be done to make it legally possible?

 

My answer is in donation, the will of the donor is controlling subject only to reservation of enough asset for her expenses, and the rule on in-officious donation. The status of illegitimacy does not make the contract void. 

This is not a case of inheritance, hence the issue of whether legitimate or illegitimate is immaterial. The giver is still alive and her intent in this case was clear. The other children does not have to sign or give consent. 

Therefore, the test of validity is whether there are other properties the grandmother has that will satisfy the legitime of at least half. There are 10 properties in this case. If the value of the remaining 4 are still enough to make it half of her estate when she passes away, then there is no issue. if all 10 are of equal value, then the donation is inofficious and should be reduced to 5 only



/AW