Can A Foreigner Inherit Land in the Philippines?
In this example I discuss a foreigner inheriting land from his Filipino spouse where it is a childless marriage.
It is generally well understood that a foreigner can not buy or acquire land in the Philippines.
But can a foreigner inherit land in the Philippines?
Yes! A foreigner can inherit land Intestate in the Philippines.
The inheritance rights of a surviving spouse under Philippine Inheritance Law applies to foreigners as well but under very strict circumstances.
There are many possible variations of the inheritance rights of a foreign Spouse theme. An exhaustive dissertation of all of them would take volumes.
This article will focus on one particular, common scenario to explain this in layman’s terms.
In this scenario:
- The foreigner Spouse is married to a Filipino.
- The Filipino owns land in the Philippines.
- Let’s assume there are no children, mutual or otherwise, involved.
If you need to discuss a particular Inheritance issue with a lawyer you should contact us.
Yes, a foreigner may inherit land from their Filipino Spouse
The Philippine laws that apply here are the 1987 Constitution of the Philippines and the 1949 Civil Code inherited from Spain. These cover the Inheritance Rights of a surviving Spouse Philippines.
A foreigner can inherit Philippine land if there is no will. Default inheritance rules will then come into play.
Sections 3 and 8 of Article XII of the Constitution famously restrict the ownership of land by individuals to Filipinos and former Filipinos.
However, Section 7 of the same Article allows foreign citizens to own land by way of legal inheritance.
Section 7: “Save in cases of hereditary succession, no private lands shall be transferred or conveyed except to individuals, corporations, or associations qualified to acquire or hold lands of the public domain.”
Note that Section 7 speaks of Hereditary Succession.
In legal speak, this means that a foreigner can acquire land through Intestate Inheritance, i.e. the default laws on Inheritance which are not transfers of ownership by way of a Last Will and Testament.
Or to make it clearer – a foreign national can inherit land from their Filipino spouse under Philippine Inheritance Law. BUT a foreign national can not inherit land where it has been left to them in a Will by someone who is not their deceased spouse.
A foreigner cannot inherit land through a Will.
The Philippine Supreme Court has ruled that a Transfer of Ownership to a foreigner by way of Last Will and Testament would be Unconstitutional.
“We are of the opinion that the Constitutional provision which enables aliens to acquire private lands does not extend to testamentary succession for otherwise the prohibition will be for naught and meaningless. Any alien would be able to circumvent the prohibition by paying money to a Philippine landowner in exchange for a devise of a piece of land.”
Ramirez vs. Vda. de Ramirez, G.R. No. L-27952, February 15, 1982
This means that Section 7, Article XII of the Constitution should be read in relation with the Philippine Civil Code’s provisions on Intestate Inheritance.
The Philippine Civil Code on Intestate Inheritance
Let’s go through the exact Philippine Inheritance Laws.
Articles 995, 997 and 1001 of the Philippine Civil Code on Intestate Inheritance are the specific sections to look at for an understanding of Inheritance Law regarding Inheriting from a spouse.
Without any siblings, ascendants, or descendants, the spouse can inherit the entire estate.
Subsection 4. – Surviving Spouse
Art. 995. In the absence of legitimate descendants and ascendants, and illegitimate children and their descendants, whether legitimate or illegitimate, the surviving spouse shall inherit the entire estate, without prejudice to the rights of brothers and sisters, nephews and nieces, should there be any, under article 1001. (946a)
Art. 996. If a widow or widower and legitimate children or descendants are left, the surviving spouse has in the succession the same share as that of each of the children. (834a)
Art. 997. When the widow or widower survives with legitimate parents or ascendants, the surviving spouse shall be entitled to one-half of the estate, and the legitimate parents or ascendants to the other half. (836a)
Art. 998. If a widow or widower survives with illegitimate children, such widow or widower shall be entitled to one-half of the inheritance, and the illegitimate children or their descendants, whether legitimate or illegitimate, to the other half. (n)
Where there are surviving ascendants, the Spouse inherits half of the Estate.
Art. 999. When the widow or widower survives with legitimate children or their descendants and illegitimate children or their descendants, whether legitimate or illegitimate, such widow or widower shall be entitled to the same share as that of a legitimate child. (n)
Art. 1000. If legitimate ascendants, the surviving spouse, and illegitimate children are left, the ascendants shall be entitled to one-half of the inheritance, and the other half shall be divided between the surviving spouse and the illegitimate children so that such widow or widower shall have one-fourth of the estate, and the illegitimate children the other fourth. (841a)
Art. 1001. Should brothers and sisters or their children survive with the widow or widower, the latter shall be entitled to one-half of the inheritance and the brothers and sisters or their children to the other half. (953, 837a)
Art. 1002. In case of a legal separation, if the surviving spouse gave cause for the separation, he or she shall not have any of the rights granted in the preceding articles. (n)
These articles should be read in relation to Article 985 of the same Code.
Article 985. In default of legitimate children and descendants of the deceased, his parents and ascendants shall inherit from him, to the exclusion of collateral relatives. (935a)
Who else Inherits with the foreigner of a Filipino spouse?
Given our scenario above of a childless Filipina wife who owns land in the Philippines, what are the Legal Inheritance Rights of the surviving Spouse should she pass away without a Will where he is a foreigner?
So, what are the Legal Rights of a foreign Spouse when the Filipino Spouse dies?
Answer:
Under Philippine Land Inheritance Law he can inherit her property (including land), subject to the shares of her surviving relatives:
1) If the Filipina wife were to pass away and none of her parents or siblings are still living, the foreign widower would be entitled to his wife’s entire Estate.
2) If the Filipina wife were to pass away and her parents and siblings are still living, the foreign widower would be entitled to half his wife’s Estate and her parents to the other half.
3) If the Filipina wife were to pass away after her parents had already passed away but her siblings are still living, the foreign widower would be entitled to half his wife’s Estate and her siblings to the other half.
The foreigner spouse may own the house built on their Filipino Spouses land, which helps reduce risk to his rights to continue living there after she has died.
There are other aspects of Philippine law you might consider in practice.
A foreigner cannot own land. But he can own the house built on it.
A thorough documentation of his costs and acquisition of the house in his name, amply corroborated by other evidence, can establish that at least the house will not be part of his deceased wife’s Estate.
This reduces the extent of his exposure to problems down the line should his Filipino wife die before he does.
It is quite difficult to circumvent the Philippine Inheritance laws so that the husband is the sole Heir.
Encumbrances are problematic.
And leasing to your Spouse is only possible if there was a Pre-nuptial Agreement with Complete Separation of Properties as the Marriage Regime. This is quite rare – and also leases are quite expensive.
You may want to read my article on Conjugal Property to understand what regime you married under.
Disinheritance of other family members is quite difficult.
Disinheritance of family members require specific grounds and can only be done through a Will and thus this would not fall under Intestate inheritance.
However, in a situation where the foreigner Spouse and wife have children, the property would then by inherited by them together.
There are more extreme scenarios of the wife executing a Will that explicitly disinherits other members of her family for strong reasons (check out Articles 919, 920 and 921 of the Civil Code), leaving her husband her sole heir. These should certainly not be the first recourse without strong cause when other legal ways can be put in place.
See also: Philippine Inheritance and foreign Wills
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Hi,
My cousin’s parents were former Filipino citizens. At the time of his birth, her parents are Spanish Citizens. He is a Spanish and British citizen. His mom bought land in the Philippines. She retains that property after the divorce. She just recently pass away and my cousin essentially inherited the property. Can he inherit the land? Your feedback is much appreciated.
Yes, given the narration of facts.
Dear FCB Law,
My wife inherited some land from her parents who passed away already. The lands are in a mother title and is now on the process of dividing amongst her siblings. However, we are no longer Filipino citizens. Are we still able to claim the inheritance and title it under my wife’s name?
Thank you.
Yes. Former Filipino citizens can acquire land in the Philippines. Even foreigners who were never Filipinos can acquire land by inheritance.
Does the foreign spouse have to sell the land or can he keep it and put it under his name?
The foreign spouse can inherit land as described in the article and keep it in his name.
My single sister who is dying would like to transfer her residential property to me, I am classified as a foreigner, is this possible?
Yes, particularly if you were a former Filipino citizen.
Hi Aunt is a Filipino and has a Japanese husband her husband is not a Filipino citizen. My aunt just passed away, they do not have kids. Could the Japanese husband can enherit the property they bought? If not, can the parents of my aunt sell the property without the Japanese consent? The Japanese husband is no longer living here in the Philippines and they are already divorced in Japan.
If they were already divorced under his national law then he should no longer have a claim on her estate.
I’m an American with a Filipina fiancee. We are in the process of buying property in the Philippines. We will have the property before marriage.
1. It’s my understanding, based on your (excellent) provided information, that it doesn’t really matter if we get married after purchasing the property due to “Absolute Community of Property”. Is that correct?
2. It’s my understanding, based on your provided information, that, as long as we have children, any property will be passed to her spouse and the children (excluding her parents and siblings). What would happen if, God forbid, my wife died while our children are still minors? Would the same situation apply?
Thanks so much for all of this great information!
The property could not be counted as part of the absolute community because of your foreign citizenship, but you would be a co-heir to your wife along with her children.
Can a Filipino with dual citizenship donate a property to his children who are non-Filipinos?
No, unless they were former Filipinos themselves.
Hi Atty., My Filipina mother and her Swedish husband bought a land in the Philippines and they don’t have any legitimate heir, I am an only child from her previous relationship (unwed), now that my mother is dead, who will inherit the property?
Her descendants and her living spouse.
Hi atty,.. Have been reading,..
Got a question,..
I’m a US Citizen from Phil,.
My husband died of natural cause.
We were already divorced at that time.
But just before he passed, his son and his sons wife, manuevered to change things, by having him to transfer my land ownership, they cancelled my original title.
And as I returned in 2018 for a few weeks visit, have visited my ocean side property..
During in the beginning years of the marriage, when the land was purchased and titled in my name,. About going on 10 years, after our divorced was finalized before the court, which he stated that the land in Phil be also part with the rest of the properties to be his, and the papers has ordered that I do a proper transfer to him,, Which I simply did not do, have refused to do so, for why should I?,.. Our divorce in US was not done fairly, not equal distribution, I didn’t get no real estate from him, as he wanted all for himself, being greedy & self centered.. And it was just ok with me, but as for the Phil land, have told him, to leave it alone, I want the land..
For the purpose of it in the beginning, was for in the event, I don’t like to live for long in foreign land, that I can always return be back home in my native land, and we can build our home in the land of few acres.
So as far as the dissolution of marriage, I ended it years later, but he was the only one who actually caused it,.. For he said, that I should forget everyone but him, including my parents, he was my husband and sole provider at that time,.
He was a wise man, in restate property business,.. Our divorce that he manuevered getting all papers done, most all in his favor, was kind of sickening..
But simply let him get all of it done,.
I didn’t have to worry about the Phil land, since it isn’t in the US. Phil to have its own law on land and property.
And as I knew for a fact, that my husband had re~marry someone else while our divorce was in progress,.. But that didn’t work out fine for him, had ended it, about going to 6-7 months later, they also married in Phil, but just for a short period of time, didn’t even last a year.
Question; Was it right for him, my foreigner husband to cancel my land original title and transfer to his sons wife, that has absolutely no doings, naive, no knowledge how the land came to be acquired in my name in those years, or who found the land for me,.. For I was skeptical of leaving the country in those years,, not big about traveling,.. And didn’t planned to come to US neither, but wind up coming by a chance, unplanned in other words..
In the early 2000, he created a lease of 99 years which, I never heard of,. This was his way of making sure, no one can go before it, in the event, something happen..
That’s how his mind works all the time.
Always play smart & tricky,..
I would appreciate, though, have much researching on my own, & got enough prominent friends in the business that can back me up, to support me to get the papers right, going,..
But sure wanted to know, what’s the proper procedure, now that he is deceased, will I be ok to cancel the 99 years lease, and POA, that he had me sign in the early years of marriage?,..
I would like to eject their fake and unscrupulous papers filled in both office, the city registry & municipal office building..
For I felt like, he han tanned me over all these years, and my spirit isn’t being still about the whole thing, the land transfer without my knowledge/,authorization..
I am very self capable strong and independent, got my own home in foreign land, and in Phil with no mortgage..
So it’s not like I’m needy, or short of change like the many nowadays..
For me, it isn’t about the property, title, money and so on,.. But I am more for principle, and my rights to the property, as the original owner of the land,..
If you could give me a pep, advise, wether here, or via email.. Would be much appreciated,..
Thank you kindly in advance,..
Salve
We would need to go over the documents to comment correctly. We can schedule a formal video consultation if you contact us through our form on http://www.lawyerphilippines.org
Hi!
I`m a natural born Filipino and acquired Norwegian citizenship.My husband is Norwegian,we have 2 children together (20,15 years of age).
My husband has a son before our marriage.I have a brother, a father and a step sister (we have the same father) living in the PH.
My husband and I have house and lot and a land 1200 sq m.in the PH.
If I should die first, what would be the succession of inheritance?
If we should die at the same time, what would be the succession?
Can his Norwegian son inherit?
What about my step sister, can she inherit, too?
Foreigners and non-former Filipino citizens can only inherit through intestate succession, meaning without a will.
If you die first and without a will, your estate will go to your children and husband to the exclusion of all others. His child could inherit from him.
If your husband dies first or if you and your husband should die at the same time, only your common children would inherit the Philippine property.
Hello I,m a Canadian 67 years oldman, legally divorced. Have all the necessary paper works and
2 vaccinations I,m marrying a 40 years old beautiful woman who has never been married in July/21.All to be done
legally, marriage licence She has a 10 year son. She owns her house and land in Catmon. Cebu. She want
to give me the house and land s a sign of love and change her last name to mine all to be done legally at a notary.
What are my legal rights to this property .Her parents have passed away.
I will be there for one month to regulate all legal matters together
Except for former Filipino citizens, a foreign citizen cannot legally purchase or be a transferee of land in the Philippines except through intestate inheritance as explained in this article.
My ancle from Pakistan invested money in philippine but my ancle has been died now ,he had a only daughter ,and wife ,,and there wife wants to transfer share of philipine ,,which law will be implemented ? Is Pakistani inheritance law? Or philippine inheritance law? And also let me know about percentage of sharing if philippine law would be implemented
We cannot say as this partly depends on the nature of the property (land or other), and other facts of which we have no information.
Hello
I am buying some land and building a home on it with my Phillipina wife. She has a son and 4 sisters. If she were to pass before me would I be able to stay in the house. I do not get on well with her sisters.
If she passes without a will, it would go to her compulsory heirs under Philippine intestate law. Please take a look at my post on compulsory heirs in the Philippines to understand the framework.
Thank you so much for this helpful page and free advice. More power to you.
My non-biological Father has 3 legal heirs; my eldest sister, who is a naturalized American citizen, my youngest sister who is in process to being a permanent resident in Australia and our eldest half-brother (our Fathers’ son at early age) who is a Filipino citizen. I am their not-legally adopted brother, that has been managing the property for several years (I would like to stress, I am not interested to the property). I am the one, my two sisters had asked to take-over while they’re not around.
We, my two sisters and me, are for the conservation of the property of my father. We would like to conserve the memories and we would want to take good care of the property that our father has provided his blood and dedication. Our parents is still around, but they are old and so they are already asking us to fix the documents of the property. The land is more-than 500sqm in Metro-Manila. Here, we had built our permanent residential house and had affixed 9 room apartments for lease. We are hoping to transfer the land to our eldest sister, the one that is an american citizen for she is capable of paying all taxes and other cost incurred in transferring the title. We are planning to give 2 room apartments to our half-brother; one of which will be his permanent residence.
We would like to know if its still possible for us to transfer the property to our eldest sister knowing that she is an American Citizen? And if I may also ask, what are the things we need to prepare and do to start processing the transfer of property ownership? Thank you and more power!
Sent an email.
I have an american citizen cousin who is the daughter of my deceased aunt (who married an american citizen and she became an american citizen before both of them died). My american cousin is the sole heir. Her mother’s siblings are still alive in Cebu. The inherited land is about to be sold. Will she inherit 100% of the profit after selling the land or does her mother’s siblings have shares too?
Going back a bit, is my cousin the official 100% owner of the land that my aunt (her deceased mother) acquired before she died?
Hi Sean:
I am assuming that the daughter is the only child of your aunt and that your aunt has no will?
If the land was validly obtained, this means that your cousin and her father would inherit the land. Your cousin would be the sole inheritor if the father has also passed away.
The siblings would have no share in the property.
Note – the information would change if more data is brought to light and if any of the above assumptions are incorrect.
I’m an US citizen and married to a Filipino. As mentioned in your article and comments a foreigner cannot own land in the Philippines.
My husband has the land but I bought a house on it and it’s owned by only me. If something would happen and we get a divorce could he easily trash my house? How could I protect my house? What are the regulations for a case like a divorce?
Sent an email.
My deceased parents have agricultural lands which the title is still in our father’s name. My siblings and I all agreed not to divide this and give it all to our only brother. Unfortunately, My brother passed before he can transfer the title to his name. My brother has 1 child (mature age) who should get this property. He has a foreign citizenship now and he wants to sell the property. He is being advised to seek dual citizenship in order to sell. Is this really necessary? The land is I believe only 1.5 or 1.3 hectares. Kindly advise. Thank you.
Sent an email.
Several questions:
1. My wife has made a will. But the land she owns is not mentioned in the will. As a foreigner, can I then inherit a portion of the land if she predeseases me?
2. If, as I expect and hope, the answer to #1 is yes, then, if we have three children, who gets what share? The land was bought with my money after our marriage.
3. Further to #2, since my wife owns 8 small pieces of land, is ownership in each piece divided according to #2, or can we “trade?” I get full ownership of land X, while the children each get full ownership of other pieces – if we can agree on a split?
4. I have heard that if my wife executes a Deed of Usafruct in my favor with a duration of my lifetime. for one piece of land, if she dies before me, I have the right of use, living, and “control” over the land in the sense I can exclude others from using or occupying the land during my lifetime, even if the land itseelf is sold. Correct?
Thank you for your original post and your previous answers.
I sent you an email.
My late filipina wife and I purchased a lot in the Philippines before we were married. She had 2 children from previous marriage. After we purchased the lot we built a house before we were married. I understand that I can inherit the lot and her children would get 1/4 each. Would they also receive a part of the house in case I would decide to sell or only their share of the lot
Sent you an email.
Hello. My grandmother is married to a German national. Can he transfer some of their properties to us, her grandchildren while they are still alive?
Sent you an email.
Who will inherit the land if the Filipino Wife and her son died. While foreigner husband still alive , and has a grandchild with the unmarried son who died also. Will the brother and sister of Filipino wife has the part of inheritance?
Who will inherit and in what share depends on both the nature of the property and the order in which the wife and son died.
If the wife had a direct descendant survive her such as a grandchild, then her brother and sister will be excluded from the inheritance unless provided for in a will.
Hi!
I would like to ask before we proceed of buying a lot
I’m married to Egyptian national and we have 1 son (dual citizenship)
Is it possible to put his name in the title so we can use it to apply for his long stay visa in Philippines? As you know they’re giving 1year visa only for restricted national ?????
And incase I will pass away, can my foreigner husband and son inherit the lot?
Many thanks
Foreigners cannot own land which means that even if his name is on the title as your husband, it is more a note than an indication of ownership.
If you pass away without a will, Philippine intestate law will prevail and your spouse and all your children will inherit the land. However, a foreigner cannot inherit through a will.
Im legally married with my husband year 2005 we dont have our own children. He was divorced in united states before we got married. My husband is a permanent resident visa only. He got 4 legitimate children and 1 illegitimate. All of his children are american citizen (born and raise in america, all are legal age). We aquired our own property year 2011. My husband passed away year 2018. I would ike to ask atty up to what extent is the righst of my husbands children with our property? In what way will they be able to claim or get their share? Thanks
Sent you an email.
First, thank you for your website.
Here’s my situation. I inherited a small land (about 350 sq m and title in my name) in Philippines while I was a Filipino Citizen. I am now a U.S. Citizen. Not dual citizen. I plan to build a house for my retirement. My other siblings had me sign a legal paper that authorizes them to sell it. I signed it out of anger (been pestering me to sign it for a long time). I plan to revoke this legal document soon. So far, they have not sold the place. I have my other sibling checked it out at the government records. I would like to transfer the title of house (when done) and lot to my U.S. Citizen child now. Child is not yet of legal age but will be in a few months. What is the best approach to do this? Wait for him to be of legal age then transfer it to his name? if I transfer it to my child and but did not revoke the authorization I signed before. Does my siblings have a claim to it?
It is best that you revoke the Power of Attorney now and ask that they return the paper to you.
The different modes of transfer have different tax implications and it depends on your specific situation is.
One important consideration you should keep in mind is that a non-Filipino citizen cannot acquire land except through intestate inheritance.
Hi Atty,
I was born in London but moved to the Philippines when I was 3 years old and acquired a Filipino passport here in London through the Philippines embassy.
After I came back to London my Filipino passport has expired in 2003 and I now only carry a British passport.
Can I potentially own Land in the Philippines?
Yes. The expiration of your passport did not terminate your Filipino citizenship.
How about a same sex couple who were married overseas but Philippines doesn’t recognize same sex marriage. Can a foreign husband still get an inheritance like land in Philippines when a Filipino passed away?
This is a novel question.
Unfortunately, such a marriage is not recognized in the Philippines. Under present law, there can be no intestate inheritance based on a same sex marriage.
hi atty, this is jessica, i would like to know if it’s true that when you buy a property after you got married to a foreigner like land for example, during the transfer of the title to my name my foreigner husband will be included in the title also?
The husband’s name can appear on the Title, but only to indicate that he is married to you. It is not an indication of ownership because a foreign citizen cannot buy land in the Philippines.
Hello
we are planning to invest in agriculture land in the Philippines, it will be fully registered on my Filipino friend name(Like a sister to me) and we will lease it from her for 25 years with renewal for 50 . our issue how we can guarantee that God forbid something happened to her and we need to deal with her family. if she write in the well they are not allowed to end the lease contract with us ? or if she keep the registered Title paper with us will it be enough to guarantee our rights ? or if we build a house on the land I heard we can own it even if the land not for us and no one will be able to kick us out ? she has a husband, kids and mother and father . please suggest what is the most guaranteed option?
Will send you an email.
Hello. My question is around citizenship. I am currently a US Citizen. If I inherit real estate in the Philippines from my parents, is it possible for me and/or my children to obtain dual citizenship? Is there such a path?
In a situation where my father passed away without a will and having a surviving spouse and two children, how will his estate be divided among the surviving heirs based on current Philippine Inheritance Law? Also, even if the law states that shares are to be divided as such, can an extra judicial document change this to something else?
It depends on your father’s citizenship at the time of his death. This will govern the law which applies in the apportioning of his estate.
Assuming that Philippine law governs, there is some latitude allowed for practical considerations, and also heirs can choose to renounce or repudiate their inheritance, but these are very dependent on the particular facts of a case.
I am a filipina married to a usa citizen. I bought a land and the title say I am married to my husband. On this land My husband and I build a business, even if the investment fund was mostly provided by my husband I put the business in to my name as sole prop. both of my parents are alive and they also have childrens/ that are my half siblings. I also have a property that i got when i was still single. I belived when i submitted my report of marriage to the phiippines embassy, it was entered as conjugal. my question is what happen if i die, my thinking is that 1/2 of of this 2 property will automatically given to my husband as his part of conjugal properties. the other half will be divided in 2, the 1/2 will be given to my husband and the other half will be spilt between my mother and father. am i correct? if my parents are not alive but my half siblings are alive will my foreign husband inherit all my properties? what if both my mom and dad decided they dont want the inheritance will my husband received it all? or my sibling will get their part?
I do appreciate your quick response.Thank you kindly.
Hi, My daughter’s birth certificate has some errors on data entry such as: Mother’s middle name is supposed to be U and not N. The date of parent’s marriage , month,day , year , place and legitimacy . Will there be problems in reference to her pension application, inheritance claim and other government benefits? I would like a relative of mine to represent me in court. Do you have list of lawyers to select from? How much will it cost ?
Hi. Will send you an email.
Same question, can i still inherit the land that my parents left that belongs to me even if i acquired citizenship of other country?..
Yes. We have discussed this here.
https://lawyerphilippines.org/2017/05/21/filipinos-foreigners-and-real-estate-in-the-philippines/
Hi! Both our parents died and left an agricultural land property under their names. Me and my 2 siblings are thinking of transferring the title to our names but I am now a citizen of the other country. Can I own an agricultural land property in the Philippines that is more than 2 hectares through inheritance? What is the law for inheriting an agricultural land for a non-Fillipino who acquired other countries citizenship?
Thank you!
Will send you an email
Dear Sir, what if a filipino wife passes away, leaving behind no surviving parents, 4 brothers and sisters, a husband and 3 children. How would the property pass, and each would be entitled to how many shares?
Thank you.
With those bare facts, her heirs would only be her husband and 3 children. They would each be entitled to equal shares of her exclusive property after the conjugal share of the husband, if any, is accounted for.
fil spouses acquired tru naturalization american citizenship relinguishing their fil citizenship, one of the spouses died, without leaving a will, no children and the parents of the deceased died long before. Will the estate in the philiipines of the deceased be subject to american or philippine estate law?
US laws on inheritance will apply, subject to the restrictions fixed by the Philippine constitution as well as Philippine procedural rules.
Good day!
Filipino spouses Mr. & Mrs A died sometime in the 1980’s leaving properties to 4 heirs; one of the heirs, “E”, became a US citizen and died a US citizen. She left behind 2 US born children and a Filipina born but now also a US citizen daughter. All are in their 50’s now.
Spouses Mr. and Mrs. A didnt leave any will but their daughter E even though already a US citizen left a will stating that her 3 children be her heirs of the Philippine properties.
Do the 3 US citizen grandchildren of the late spouses Mr & Mrs A inherit their US citizen mother’s share with the other 3 Filipino heirs?
Thank you
There’s a great deal more involved, but the basic rule would be that E’s children can be expected to inherit in her place.
Ascendants 50%
Foreign husband 25% & legitimate son 25%?
In case the Filipina wife passed without a written Will ?
The rules is that descendants will exclude ascendants.
If you have a son in this situation, then the parent/s or grandparent/s will not inherit. Only the son and the husband.
Being in a similar situation, that is, with a deceased wife, a legitimate son and a foreign spouse, will the inheritance be exclusively for me and our son, excluding my wife’s parents and siblings. Is it right?
Yes, as well as any illegitimate or adopted children that she may have had.
Note that more information would be need to really assess your case. Wills and a n heir with a foreign citizenship can be a complicating factor depending on the asset type.
This is just a future example I hope never happens (the death of my wife). I will buy the land (assigned to my wife) to build a house. So, the inherited goods are the land and the house. We have only a legitimate son. So, will the inheritance be exclusively for me and our son, excluding my wife’s parents and siblings?
By the way, can I assign the house to myself?
Hi Gerry:
In general —
The land can be bought by a Filipino or – in limited quantities – a former Filipino.
The structure can be owned be a foreigner.
Also, if your wife is a Filipino, then Philippine succession laws apply where the legal spouse and the child are the inheritors.
However —
There are several considerations in estate and it really would be best to understand that situation and examine the documents before giving an information pertinent to a particular personal situation.
So… you’re saying that some legitimate succession problems could exist about my case, even if the purchases of land and house come from right written bills and not refutable acts, such as dated written contracts, etc.?
Sent you an email.
Hi There, My Filipino wife has a 7 year old Filipino daughter to a previous non married relationship. I as the foreign man are now married to my wife and we live together with my wife’s daughter / my step daughter. My wife has both mother and father along with 2 brothers. In the event my wife were to pass away and all of the above are still alive may you please advise who will inherit what of our house and land in the Philippines?
Also do the inheritance laws in the Philippines work the same on all land sizes in the Philippines or only 1000 Sqm lots and below? As it was mentioned online on a blog, foreigners can inherit if the lot is 1000 sqm or below. Above 1000 Sqm the foreigner cannot inherit and must dispose of the lot and house in a reasonable period of time? is this true or not?
Thank you for your time.
Will send you an email.
I’m a Canadian Citizen and when my Mom passed away she left me a property a couple actually. Does it mean I’m not allowed to own it?
It depends on the mode of transfer. Land can be inherited through intestate inheritance.
If my mother passed away in the philippines and the property is under her name then my dad remarries in America and they are now both US citizens, who gets the property after my father dies? Does my siblings and I get the property or the woman that my dad married in America?
Much depends on the specifics of the situation.
Will send you an email, but you may find some preliminary answers here.
good evening.
A friend of my mine from cebu let his husband lease her land and start building a house for retirement. THe reason why the husband lease the land so if his filipina spouse were to pass away, the mother and siblings can not run after him. is this true?
But i read above ” If the Filipina wife were to pass away with her parents and siblings still living, the foreign widower would be entitled to half his wife’s estate and her parents to the other half.”
I am asking this in behalf of my friend.I am thankful there is this page where i can ask. Thank you and GOD Bless.
Hi. There are generally problems with leasing land from your own spouse — see my answer to similar comments/questions above.
Yes, the estate would be divided according to the above provided that there is no will.
Hi, I don’t have dual citizenship, I’m planning to sell the land that I inherited. Can I bring all the money back with me in dollars? Or am I allowed to deposit the money to any bank in the Philippines and be able to withdraw it here in my home country. Thank You.
You shouldn’t travel with a lot of cash. There are restrictions on how much you are allowed to carry physically. Yes, you can arrange the latter option between the banks.
I inherited properties in the Philippines that I want to sell now. I do not have dual citizenship. Can I sell these properties?
Yes, you can.
I have a similar situation. My dad is 1 of 5 siblings who are inheriting land in the Philippines. Somehow all 4 of his siblings acquired dual citizenship, however he was turned away at the consulate for lack of a naturalization form or any documents that show that he was a citizen of the Philippines, even though he was born there to two Filipino parents. The 4 siblings are claiming that he cannot get his share because he is not a dual citizen. My dad is worried he will be cut out completely because he cannot sell the land without dual citizenship. But you are saying he can? Even when it involves 4 other siblings?
I own a house and lot in the Philippines which i acquired through inheritance from my parents. Can my spouse and children inherit and dispose it if the situation calls for it. Will forming a family corporation be better , me as 60% and my 3 children and husband 40%? Which mean putting the property as asset of the corporation.
I don’t see the need for forming a corporation. If it’s your property, you can do what you want with it, and they can inherit from you via intestate succession.
First: Thank you for the well written article.
As a foreigner in the Philippines I would like to ask 2 questions:
1.) If the Civil Code avoids that a foreigner can own land in the Philippines, how the foreign widower can be entitled for the entire estate (described in scenario 1) In this case, who would hold the title of the estate?
2.) In some countries it’s possible that the heir (e.g. the children) resign to succeed until both parents will die, this will be fixed in a notarially certified contract and after both parents died the estate will be split according the equivalent law. Would be something like that possible according to the law in the Philippines?
1) The Constitution prevails over any other law. The prohibition against alien ownership of land is in the Constitution, but so is the exception in the case of intestate succession. The foreign widower can have title to the property.
2) I’m not entirely sure what the question is asking, but note that there are definite prohibitions on contracting over future inheritance. Article 1347 of the Civil Code provides that:
No contract may be entered into upon future inheritance except in cases expressly authorized by law.
I am dual w/ a foreign partner. We have a minor child born in foreign land & acquired Filipino citizenship by birth. We owned a land in the philippines. I have 5 siblings & my mother is still alive. Pls. advise for the below questions:
1) To secured our child future entire ownership w/ our property, we wanted to make a “will” and have my selected sibling as a representative just in case something happen to us. Is this possible?
2) I believe we can also make a property transfer already while we are still both alive, in case our child becomes adult? This is also to secure our child “sole/single ownership” in our property in the future.
1) Yes, but your child is already a compulsory heir who will exclude other heirs except for your husband. Your parent and siblings will have no share in the inheritance if you have a child.
2) It is possible to donate a property to your child.
Hello, I have a question on where to start to figure out if my dad has land to begin with in the Philippines. My parent have always said that he did, but how do I find out for sure? I don’t know any of my relatives there and have never been there…Thanks, W
That’s a big, open ended question. I’d ask him, or at least ask about the documents he may have such as land titles. If neither are possible, it becomes considerably more difficult unless you can find family members who can tell you more, including at the very least a way to narrow down the location.
I know where his land is, but as for documents..he’s in the hospital so he’s not able able to tell me at the moment. It’s probably in the Philippines? As for family, he hasn’t been in good terms with them in years, with them fighting over property.as far as I understood. So am just trying to figure out if there’s somewhere that may have copies of titles? Thanks for your comment
The city or provincial register of deeds keeps copies of the titles, which are public records. The local property tax records can also help in identifying the property’s registered owner. However, if it’s family property, there is always the chance that the land is still registered in his own parents’ names, which would make it more difficult to find without the sort of information that he, his family, or their documents can provide.
Thank you. The land is supposedly in his name. But will try to find out
I wrote this a while ago, but I just contacted the registry in my dad’s province. The deeds is under my father’s parents name, my dad’s sister is listed as a representative (not sure what that means), but I’m pretty sure there was a will left notating that the land would go to my Father. Any ideas on where to start with trying to find a will?
Unless the will was already submitted to probate — in which case it will have been submitted to the court — such a will would likely be in the possession of the family or the parents’ confidants. I suggest you ask your father first and then widen your search from there.
Hi,
I am Filipino and my husband is American. He two grown up sons from his first marriage. I bought a condo when I was single but it is now both in our names. We are currently living in the US and plan to make a will separately. My questions are:
If we make a will in the US, how can we make it valid in the Philippines?
If I don’t make a will, what will he get from the condo or how much he will get, and if he gets the condo, can his two grown sons gets the condo as well?
Thanks.
Sent an email.
My wife is an American citizen. Her parents are dual citizens of USA and Philippines.
Can my wife inherit land left to her in the Philippines or does my wife’s parents have to be solely Philippine citizens in order to bequeath land to their American children?
Also, does the land have to be specifically described in the parents estate plan or is a general mention like naming the township in which the land is located sufficient?
Thank you.
Sent you a detailed email.
Can a foreigner lease land from his living Filipina spouse?
I’ve heard that one can’t lease land from a spouse. Is this correct?
Hi. See the answer one comment above.
Can a foreigner lease land owned by his Filipina spouse?
I heard one can lease land from a Filipino owner as long as it is not a foreigner spouse leasing the land.
Is this true?
A foreigner can lease land in the Philippines.
Husband and wife in general can only sell or lease to each other under certain conditions as provided for in the Civil Code :
Article 1490. The husband and the wife cannot sell property to each other, except:
(1) When a separation of property was agreed upon in the marriage settlements; or
(2) When there has been a judicial separation of property under article 191.
Article 1646. The persons disqualified to buy referred to in articles 1490 and 1491, are also disqualified to become lessees of the things mentioned therein.
If there are multiple sibling heirs US Citizens and one Dual Citizen what is the procedure regarding inheritance if none of The USA heirs want nor properly process paperwork necessary for inheritance?
They will have to sign notarized documents waiving their shares as part of the settlement.
I work as an overseas my mom made a will To all my sibling my name was not included.i acquired citizenship . My brother said my not included with the sharing because I’m a foreigner. Why I’m also child from my parent . So apply dual citizen to avail what is due to me. Is thier possible that I could get my share. Please reply
Your brother is wrong. You remain entitled to inherit even as a former Filipino citizen.
If a person who is born naturally Philippino however left Philippine and took overseas citizenship. As well as both parents are philippines born deceased in Philippine. Does he/she need to be a dual citizenship before owing an inheritance land.
Secondly, if the inheritance owner passed away before the partner, does it means all the property belong to the partner?
However, both made a wills, will the first party wills still have some right after the second party also passed away in 3 months period.
Hi. I am unable to answer this without more information. Will send you an email.
Do i still inherit the land that my parents have left to me even if i acquired foreign citizenship?
Yes.. https://lawyerphilippines.org/2017/05/21/filipinos-foreigners-and-real-estate-in-the-philippines/
Hi! I’m into Real Estate but I haven’t renewed my license yet I’ll do it very soon anyway.
My question is..Does a widower foreign national who was once married to a Filipina can buy a land in the Philippines? My answer to him was yes since he was once married to a Filipina.Am I correct? LOL! Please correct me if I’m wrong.Can’t wait to hear from you soon.Thank you so much!
Hi. Only a Filipino national can buy land in the Philippines. Since marriage does not confer citizenship, a widower who was once married to a Filipina did not thereby become a Filipino national and he still cannot buy land in the Philippines.
I’m American 65, 13a visa married 10 years to Filipina. She has one grown son. We own a home, no will yet. We discussed what would happen if she passes first. We want to provide for not only the son but a number of her family. But we understand in this case the son will inherit the half. He has a 2nd grade education, maturity and responsibility of a teen. Can a will be made to protect the house until I pass and then pass to a responsible sibling who can follow our wishes? The house is reasonably large by Filipino standards and the funds the son would see is more than he could ever manage. Would the house be put up for sale upon her death?
Sent an email.
My Filipina wife of 27 years passed away over a year ago. We lived in the Philippines for over 10 years. A year before we moved to the Philippines, we purchased a piece of land as our retirement property. We had both worked in the U.S. for 16 years to save the money to purchase property there. At that time, we were told that I, as an American citizen could not own land in the Philippines. However, we were advised by a Filipino attorney that if the title is worded in such a way, I would be the sole inheritor of the property in the event of my Filipina wife passing away. So the title was worded as we were advised. Now that she has passed away, her sister is claiming an inheritance, in the event that I decide to sell the property. I also carry the ACR I-Card since 2013 and renewed it in January of 2018. I was told that one of the 5 benefits of having this card is that I could purchase and own property in the Philippines. What are my rights in this situation?
Sent an email.
Hi Dennis,
I am the Filipino married to a USC. We are looking to buy a property in the Philippines and would like to ensure that if I pass away, my husband (USC) will be the sole heir for this land. Did you get your resolve?
-Shiela
Hi, I would like to ask if my foreign husband will able to get my property that I bought when I was single? I also have a stepson that is dual citizen. I want to know if they can get my properties if I pass away. I would like it to give to my relatives in Philippines. My husband is a greedy person and wise it seems to me that he is interested on the property that I bought alone when I was single. Please give an advice… or is it possible to make a will?
Hi Sarah, I will send you an email.
I have almost the same question. My father died and he had his first legal wife from a foreign country and had 2 children. However my father went back to the Philippines and legally married to my mom and had 3 children (not d divorce from the first wife). For how many years he left my mom and found a lived in partner which was not legally married and have 2 children. can you please tell me if the foreign wife will have share since she is still alive and what is the division of shares in all siblings and my mom?
Hi, divorce took place in US..
I ended the marriage,in early 2001, before the court,. Husband was a wise jew, greedy & self centered, during our marriage all properties acquired was in his name, except for my our home, which he must have removed my name in the will as our divorce went on progress. My foreign national husband have died from natural cause in Phil, we were already divorced at the time..
We purchased an ocean property during our marriage, was titled in my name,. In the paper work against my will that he manuevered all along, he wanted most for himself.. He stated, have included in the divorce papers that he want all the houses, and the Phil property land of few acres,.. So very little I got on the final of the divorce.. I wasn’t fair at All..
And the only thing in my name was the Phil property in the ocean.
Before he pass away, him and his son end up doing legal paper transfer on on the land..
They managed to use an old POA paper that he had me signed in late 1999.-2000.. The paper was only used 15 years later, after our divorced in US.. I felt like have been violated all along,..
I did not agree, on our divorce papers, where he stated much of everything including the only property that was bought early year of marriage, in the event, I want to return home, that we would build a residence there..?
I have been in US, for many years now, come home to visit sometimes, and got naturalized in 2005
My home in US, I have acquired from my own work & effort..
My spirit doesn’t let me be still,when I think about it..
It is telling me, that I should do something about it..
The son turned to be an enemy, nasty with his Filipina wife, as they learned, that I am not happy for what they did, have maneuver to cancelled my original land title few weeks before the father passed.. Almost a decade ago, since it happened,.. With my last home visit in 2018.. I saw their unscrupulous papers filed in municipal building & city registry of deeds,. And I have wondered, how in the world, they got the papers done without me actually transferring it first to him, I mean, property from me, to him, As I declined it, the court judge had ordered, that I do a land paper transfer to him, and I said to myself, why should I?,..
This man husband of minex for almost 10 years, have acquired several properties during our marriage,
I was okay not to take nothing much from him, but as for, except for the land that we bought in Phil, in1998, in my name.
Hugh, and he made some unscrupulous paper to cover it all, no trails, he created a 99 years lease Agreement on the ocean side property, which he put in only for $99 which is $1 lease each year,.. As he always play smart.
I thought, this man is something!..
I never heard of 99 years of lease or no divorce closing.. That is like waiving anyone’s rights.. That’s why, feels like, my right, has been violated.. I was young and naive when I married him, just walking to be 20 yrs old,. Much years gaph.
I was a wonderful faithful wife to him, til my mom diagnosed close to stage 3 cancer, and I got worried,.. And one day, he said in rage, said words out loud, while I was on the phone, at early eve,.. Screamed as just a nature to him, ” I want you, to forget your mother , family, and friends but me, Alright, alright!.. I am your husband, your provider,” fingers pointing at me,. And so, I got so quiet, and knew at that moment, that my marriage to him, was over.. We became separated like, living in same roof.. And I had to put my self together in calmness, and since I know, that I could never turn a pear into an apple, or vice versa..
For he had set his ways,..
He was a hustler business man, kind of tricky for being a jew.. But I thought, I can always find me another husband, but not another mom,. I’m from a close-knit family.
So for me, that was it,.
And so have ended it, but my husband was the one caused it..
For being dominant, & self centered, never like to help others.
So I had to make that hard decision, to end the marriage,..
We didn’t have no infidelity,.
We simply trusted each other’s.
And over the years, our marriage became no fire, no nourishment, til it went really cold,..
When I signed the POA, that reads on top, irrivoccable, he sweet talk to explain, that it’s so when he travels, since I don’t like to travel as much, so when I’m not with him, that he can simply do managed, do business himself..
I thought, ok then, I was thinking for general business dealings,. Since at the time, we were still in good terms, so I signed the papers,.. Thinking this is usual for a business man,.
And this particular paper, that reads POA, was in the file at the municipal office building, & city registry of Deeds, as I wanted to see it for myself, after I went and visited the ocean lot property..
My question, this isn’t about inheritance, but already mine,..titled in my name, and if wasn’t for me, the family friend who found the land, would not done it for just anyone,.
And him being a foreigner, cannot buy or own, only can build.
The land was on my name these whole time, til it was cancelled, years ago, and they transfer my land ownership to my late husband sons wife, my husband daughter in-law, who is Filipina,..2nd Question,..
Was it right, ethical?,..
Where is the civil code, or Phil Constitution of 1987 here?.. or does anything applies at all?..
Feels like, I should reverse ?? it,.
Would it be okay to do stipulation, after all these years?.
They have cancelled my land original title in Aug, 2012..
Hugh, to include, my husband married another young lady, while our divorce was in progress,.
But he returned to US about 6-7 months later to get divorce, for didn’t work out for them,
though the wedding took place in Dumaguete Phil.
And I & my husband, didn’t have no children on our own,
I gave not remarry all these years, we got divorce done in US, but didn’t have no annulment in Phil.
Please give some advice, some clarification,.. For as far as my self, my spirit tells me, these whole thing isn’t right at all,..
Thank you, for readiing..
Your response will be greatly appreciated,,..
Despite the length, this is not enough information for us to answer your question. Will send you an email.
Hi,
My mother is a natural born Filipina who has land in her name. She is now a British citizen and lives in the UK. I am her son who is British and live in the UK.
Can the land be passed down to me and my sibling who is also British through inheritance or transfer of ownership contract?
Do all parties need to be physically present when signing transfer of ownership?
Yes, you can inherit the land. Whether she can transfer it to you while she is living will depend on what her citizenship was at the time of your birth.
Documents relating to these can be signed and notarized even outside the Philippines provided they are in a form acceptable under Philippine laws.
Hello,
Im natural born Filipino but become US citizen. Should my parents passed, will I still have the rights to inherit to their properties?
Yes, probably.