Philippine Inheritance and foreign Wills
Some things to think about in a cross country inheritance.
The interplay of Philippine and foreign laws with regard to inheritance deserves more attention.
What follows are introductory considerations for estate or succession cases involving both Philippine and foreign elements.
How do people inherit property in the Philippines?
Inheritance is testate if it occurs through a valid will.
An inheritance can be testate, intestate or mixed.
Inheritance is intestate if:
(1) A person dies without a will, or with an invalid will, or one which has subsequently lost its validity;
(2) When the will does not institute an heir to or dispose of all the property of the testator. In this case, legal succession shall take place only with respect to the property not disposed;
(3) If a condition for an heir does not happen or is not fulfilled, or if the heir dies before the testator, or repudiates the inheritance without a substitute stepping into the heir’s place;
(4) When the heir is disqualified from inheriting.[1]
Inheritance is mixed if only part of the property has been disposed of in a will. In this case, the rules of legal or intestate succession shall be applied with regard to those properties not disposed of.
How is the property divided if there is no will?
The law provides guidelines for how property is divided if there is no will.
The shares of these heirs are allotted by default according to the portions set by the Civil Code of the Philippines.
What is a last will and testament?
In the Philippines, a valid will must always be in written form. The will must be either signed and witnessed before a notary or be entirely handwritten and signed by the testator.
A valid will has several conditions.
Testate inheritance is not considered a natural right.[4] Rather, it is a right granted by law. For this reason, the exercise of this right is subject to the conditions set by law.
One of those conditions is that the will must be probated for it to have legal effect.
What is probate?
Before any will can have force or validity, it must be probated in court. To probate a will means to prove to the court that the document offered really is the last will and testament of the testator.
Probate is a court hearing confirming a will is valid.
The presentation of the will for probate is mandatory and is a matter of public policy. It must be proven that the will was executed, attested, and has been published as required by law, and that the testator was of sound and disposing mind.[5]
Can a will be the basis for transferring ownership of property before probate?
Probate is required before any property can be distributed.
No. Until admitted to probate, a will has no effect whatever and no right can be claimed under it. No will shall pass either real or personal property unless it is first proved and allowed in accordance with the Rules of Court.[6]
How is probate initiated?
Include an inventory of property in your petition to the court.
A petition for the allowance of a will must show, so far as known to the petitioner:
a The jurisdictional facts;
b The names, ages, and residences of the heirs, legatees, and devisees of the testator or decedent;
c The probable value and character of the property of the estate;
d The name of the person for whom letters are prayed;
e If the will has not been delivered to the court, the name of the person having custody of it.
The court shall calendar the probate for hearing so that all concerned may appear to contest the allowance of the will. Notice of the time and place of the hearing will be published in a local newspaper for three (3) weeks prior to the hearing date.
You’ll need to publish the hearing’s time and date 3 weeks before.
(But no newspaper publication need be made where the petition for probate has been filed by the testator himself while still alive.)
The court shall also cause copies of the notice of the hearing to be sent to the designated or other known heirs, legatees, and devisees of the testator resident in the Philippines at least twenty (20) days before the hearing. Personal service of copies of the notice at least (10) days before the day of hearing shall be equivalent to mailing.
(But if the testator filed for the probate of his own will, notice shall be sent only to his compulsory heirs.)
What are the grounds for disallowing a will?
A valid signature is required.
The will shall be disallowed:
a If not executed and attested as required by law;
b If the testator was insane, or otherwise mentally incapable to make a will, at the time of its execution;
c If it was executed under duress, or the influence of fear, or threats;
d If it was procured by undue and improper pressure and influence, on the part of the beneficiary, or of some other person for his benefit;
e If the signature of the testator was procured by fraud or trick, and he did not intend that the instrument should be his will at the time of fixing his signature thereto.
Can a foreign will be given effect in the Philippines?
Additionally, a foreign will can be directly submitted for probate in a Philippine court. It does not need to be first probated in the foreign country.
A rule to the contrary would be fraught with impracticality.
Does a last will and testament executed abroad need to first be proved at the foreign court before it can be given effect in the Philippines?
Yes, a foreign will can have effect in the Philippines and it can be submitted directly to a Philippine court for probate.
If the instituted heirs do not have the means to go abroad for the probate of the will, it is as good as depriving them outright of their inheritance, since our law requires that no will shall pass either real or personal property unless the will has been proved and allowed by the proper court.[8]
However, the foreign probate of a will can also be given recognition and effect and in the Philippines.[9] This is called reprobate. In reprobate, the local court acknowledges as binding the findings of the foreign probate court provided its jurisdiction over the matter can be established.[10]
Which country’s law will govern the estate of a deceased foreigner?
The foreign citizen’s national law governs both intestate and testate succession. This is with respect to the order of succession, and also as to the amount of successional rights, as well as the intrinsic validity of the testamentary provisions.
A foreigner’s law will determine how his estate is divided.
This means that who gets to inherit, in what order, and how much, as well as the legality of the provisions of the will, are all referred by the Philippine court to the national law of the foreigner.
Article 16 of the Civil Code provides:
For all items in an estate – even jewelry – the foreign law on inheritance governs.
Article 16. Real property, as well as personal property, is subject to the law of the country where it is situated.
However, intestate and testamentary successions, both with respect to the order of succession and to the amount of successional rights and to the intrinsic validity of testamentary provisions, shall be regulated by the national law of the person whose succession is under consideration, whatever may be the nature of the property and regardless of the country wherein said property may be found.
This provision is reinforced by Article 1039:
Article 1039. Capacity to succeed is governed by the law of the nation of the decedent.
The estate of the foreign decedent or testator will be governed by his national law. For this reason, dissatisfied heirs of a foreign citizen generally cannot assail a will or its provisions for being violative of Philippine law.
A foreigner’s estate will reference his national law.
The Philippine system of legitime (the legitime is that part of the testator’s estate which the law reserves to certain heirs) was not intended by Congress to extend to the succession of foreign nationals.[11]
Which court will give effect to or enforce the foreign law in the Philippines?
This is where it gets tricky. It is still a Philippine court which has to rule on these issues even though foreign laws on inheritance will be referred to.
But a Philippine court cannot be expected to know foreign laws.
It is the Philippine court and not the foreign court that will give effect to a foreigner’s will.
For this reason, the foreign law in question will need to be properly submitted in evidence at the Philippine court case. Otherwise, it cannot be given effect.[12]
Proving a foreign law for purposes of enforcement by a Philippine court can be an arcane process which requires a lawyer to be versed in its particular complications.
Finders International is a company which can help Legal or Compulsory Heirs with inheritance claims for estates and property where the deceased is a foreign national or a Filipino with property abroad.
Our understanding is that the fee is a 10% commission on the inheritance awarded but please check with Finders International as this may have changed.
Lawyers in The Philippines has not used Finders International and including them in this article should not be considered an endorsement or recommendation. Similar companies may also exist to assist people with an inheritance claim in another country to where they live.
References
[1] Article 960 of the Civil Code
[2] Article 961 of the Civil Code
[3] Article 783 of the Civil Code
[4] Nuguid vs. Nuguid, G.R. No. L-23445, June 23, 1966
[5] Heirs of Lasam vs. Umengan, G.R. No. 168156, December 6, 2006 citing Tolentino, III Civil Code of the Philippines, p. 151.
[6] Heirs of Lasam vs. Umengan, G.R. No. 168156, December 6, 2006 citing Article 838 of the Civil Code.
[7] In re: In the matter of the Petition to approve the will of Ruperta Palaganas with prayer for the appointment of special administrator, Manuel Miguel Palaganas and Benjamin Gregorio Palaganas, G.R. No. 169144, January 26, 2011, citing Article 816 of the Civil Code.
[8] In re: In the matter of the Petition to approve the will of Ruperta Palaganas with prayer for the appointment of special administrator, Manuel Miguel Palaganas and Benjamin Gregorio Palaganas, G.R. No. 169144, January 26, 2011, citing Article 816 of the Civil Code.
[9] Rule 77
[10] In re: In the matter of the Petition to approve the will of Ruperta Palaganas with prayer for the appointment of special administrator, Manuel Miguel Palaganas and Benjamin Gregorio Palaganas, G.R. No. 169144, January 26, 2011
[11] Ancheta vs. Guersey-Dalaygon, G.R. No. 139868, June 8, 2006, citing Bellis vs. Bellis, 126 Phil. 726 (1967).
[12] Noveras vs. Noveras, G.R. No. 188289, August 20, 2014, citing EDI-Staffbuilders International, Inc. vs. NLRC, G.R. No. 145587, October 26, 2007
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Good day attorneys, I would like to ask how much money inheritance is allowed to be sent here from Netherlands to the Philippines? Is there a limit on the amount to be sent either thru bank or personal?
Thank you
No practical limit provided the applicable taxes are paid.
I am Filipino. And I’d like to assign my life partner as my beneficiary here in the Philippines. Can I assign my Australian life partner as my beneficiary here in the Philippines? What are documents needed?
You can draft a will doing so, subject to the shares reserved to your compulsory heirs (descendants, ascendants, and spouse).
Thank you so much for your response. That’s pretty helpful.
Good evening Attorney I would like to ask if it is possible for a filipina to inherit a certain amount from her decease foreign boyfriend(Dutch) abroad?Shes been place as one of the heirs in his will. Is it legal and what are the legal documents needed if ever to claim it. Your response is highly appreciated. Have a good day.
This is really a question for Dutch rather than Philippine law.
Thanks for the reply attorney. The situation is in the will my sister is included to inherit the money from the house in Netherlands once it is sold. We are just worried that sending and accepting a large amount of money here will give us a problem since from what we know a big amount that came from abroad will be investigated.
Hi,
My aunt and her son are both Malaysians. My aunt is a divorcee and is currently in a relationship with a US man for over 10 years (but they are not married). She owns two units in the same Condo in the Philippines. She is getting her Will drafted in Malaysia and in her Will, she is opting for one unit of the condo to be passed on to her son, who is 15y/o this year, and the other unit to be passed on to her US boyfriend. I understand that a foreign Will aka the Malaysian Will can be probated and given effect in the Philippines. However, we are unsure of the Philippines laws and regulations revolving around the inheritance laws/succession when it comes to a minor and her foreign boyfriend. Would it be sufficient that her Malaysian Will gets probated and given effect in the Philippines, and therefore both her son and US boyfriend be the legal beneficiaries of the respective properties?
We have a post on the reprobate on foreign wills which may be helpful to you:
https://lawyerphilippines.org/reprobate-of-wills-in-the-philippines/
We received an inheritance from the UK. How much percentage does the Philippine Court charge?
This depends on a number of factors, including nature of the asset and where it is located, as well as the citizenship and country of residence of the deceased.
My uncle died in Arizona. He was a former Filipino but has acquired US citizenship long time ago (not dual citizen). He had 2 parcels of land in the Philippines on top of 1 property in the US. He did not prepare a last will and testament. He was survived by his spouse and 2 children
You mentioned in your article, that the transfer of philippine properties must undergo probate of a will. In the case of my uncle, he did not have a will. My aunt said, the inheritance will follow laws of arizona. But how will the registry of deeds in the Philippines accept it if there’s no will to be probated.
Appreciate it, thanks
An extrajudicial settlement should be registered in the Philippines even if the apportionment of the estate follows the provisions of the national law of the deceased.
What kind of quit claim deed do I need to inherit a property in Manila Metro from other family members here in the states? I need to get this done ASAP.
We will need more information to speak to your situation. We will be happy to discuss if you detail the circumstances on our form on the homepage at http://www.lawyerphilippines.org
My mother was born in Philippines, but became a naturalized U.S. citizen. She died in U.S. 5 years ago. She was divorced from my father (also U.S. citizen). There are 2 children – my sister and me, both U.S. citizens. I’m the executor of my mom’s estate, and am also the successor trustee in charge of her trust.
My mom had spoken about grandmother leaving land to her, but didn’t give us documents about this. I was recently informed by cousin in Visayas that there were two parcels left to my mom from grandmother after grandmother died in 1972. One property is residential in a rural barangay, the other is farmland in a nearby area.
My U.S. lawyer can’t advise me on Philippine probate, but advised that from a U.S. standpoint that my mom’s ownership interests in those properties were covered by her will and then transferred to her trust. The trust says that ownership should be distributed beween my sister and myself.
Does Philippine law allow my mother’s properties to be assigned to her American children? If not, does her executor or successor trustee have the authority to assign or sell the properties to Filipino citizens?
Another complication is that no taxes have been paid on the farmland for a number of years. Does her estate or trust in the U.S. have the obligation, or authority, to pay those back taxes? If not, who should pay them?
Thank you for your blog and your help.
You may well be Filipino by birth, depending on the timeline of events. With respect to the back taxes, that becomes the obligation of the estate. However, it is possible that the government has since repossessed the properties or they may have some other occupant by this point considering how long they have remained unattended.
My wife has Dual Nationality ie. Filippino and Australien. I have the Australian Nationality. We own a Condominium and a house with Land in Las Pina, Manila. The question I like to ask is:- Do we each have to make a Will in the Philippines or will the Australian Will suffice in regard of probate in the Philippines if either of us would die.?
Kindest regards Wolfgang Bose
This depends on your particular situation.
You may find that our article on reprobate may inform your decision.
https://lawyerphilippines.org/2019/04/29/reprobate-of-wills-in-the-philippines/
Good evening,
After a succession is closed, how long is it possible to launch a procedure to cancel it ?
Thanks
This can depend on a number of factors, including whether the succession was judicial or extrajudicial and what notice was sent to possible oppositors or parties in interest.
I understand that a foreign will can have effect in the Philippines and can be submitted directly to a Philippne court for probate, even before the death of the foreigner. However, the foreign probate of a will can also be given recognition and effect in the Philippines (reprobate). What is required to process a reprobate? Would the official registration of the will in the native country suffice?
If the foreigner has assigned his filipino partner (no marriage, but living together for 20 years) as the only heir, and the estate consists of a bankaccount in the Philippines only. Is a probate required for the heir to get access to the bankaccount. And, does the heir have to pay inheritance tax over the amount of the account. Would it facilitate matters in terms of access if the bankaccount is a joint account?
The applicable foreign law on wills and inheritance will also need to be proved to the Philippine court.
Probate will probably be required. The estate tax on the account is usually withheld by the bank.
Atty. What if there are properties both in the Philippines and USA- can the will be probated in both countries? The will is foreign and notarized abroad. The testator is single and has five living siblings based here and abroad.
Yes. It may be probated in both countries or probated in the US and then reprobated in the Philippines.
We wrote about reprobate here:
https://lawyerphilippines.org/2019/04/29/reprobate-of-wills-in-the-philippines/
Good Morning!
I would like to ask if the testator is still alive and he filed a petition for probate of his last will and testament and at the same time wanted to disinherit his children, can the probate court rule on disinheritance? Is it allowed that the court issued/rendered an order/judgment on the extrinsic validity of the will (that makes the will probated/allowed); then, can the court conduct another hearing on the intrinsic validity, specifically on the part of disinheritance?
Yes, that can be within the court’s authority.
The Supreme Court has said that …” The probate of a will might become an Idle ceremony if on its face it appears to be intrinsically void. Where practical considerations demand that the intrinsic validity of the will be passed upon, even before it is probated, the court should meet the issue.”
Hi, my husband and I are australians living here in the Philippines. We have 2 children and we would like to assign my sister in Australia as their guardian should anything happen to both of us. Would we need an Australian will or a philippines will to make sure our wishes are upheld? Or both?
Either will is enforceable.
However note that probate may be needed to enforce the will.
Hi, My husband and I live in TX, USA. I have dual citizenship (US & Filipino). All of our assets except for 1 property (500m2) are here in the US. We would like to leave the property to a relative in the Philippines and to leave share of the liquid assets to our relatives in the Philippines. What is the best documentation to accomplish these goals? Are there limits on the amount of money that can be transferred to the Philippines from the US?
Thank you
Sent an email.
Hello sir. I would like to prepare my last will and testament. I have 2 married sons but plan to leave my properties/assets to my 3 grandchildren. I also intend to nominate my 2 sisters as executors, with my 2 sons as witnesses. Is this ok po? Will this will be sufficient or does it still need to be notarized and filed in court (for probate?!)?
Salamat po.
I am a widow po.
You cannot pass over your sons as heirs unless you explicitly disinherit them for cause. The grounds for disinheritance must be provided in the will itself. See our posts on exclusion of heir and disinheritance here:
https://lawyerphilippines.org/excluded-heirs-and-disinherited-children/
https://lawyerphilippines.org/disinheritance/
Can a Canadian citizen become an executor or administrator of an Estate properties in the Philippines?
The executor or administrator must be a resident of the Philippines.
Hello, My mother, brother and I are Hong Kong citizens. My mother lived in the Philippines for over a decade and thus still owns an apartment, parking spaces, and bank accounts in the country. Furthermore, she owns an apartment, stocks, bank accounts in Hong Kong, and a single bank account in the U.S. She currently resides in the U.S. She recently expressed interest in having a will made in Hong Kong to declare that her Hong Kong apartment will go to her daughter (me), while anything else under her ownership at the time of death will be equally divided between her daughter and son.
Question: will this Hong Kong will be recognized in the Philippines in executing her local estate? Thanks much in advance for your advice!
Hi Carmen:
Is your mother a Hongkong citizen?
Citizenship plays a large role in estate because if she is a Filipino citizen, she must follow the laws on succession and other Philippine requirements.
In addition, some asset types such as real property have some restrictions.
In general, a foreign will can be probated in the Philippines and given effect. Still I suggest that a thorough examination of the estate and the family situation be discussed so that the advice is correct for the personal circumstances you are in.
Hello and Good day.
My father is 76 years old and has gone through really tough times especially with his health. We were left by our mom in 2006 and my dad was living alone since 2011 when I started working abroad in KSA and now here in the UK. Also, my two older brothers have their own families and own homes to tend to thus leaving my father alone in our ancestral home. He recently went for an invasive surgery and became poorly, fortunately he is now recovering. During his confinement at the hospital, one of my brothers asked for my mom’s help for looking after my dad while he was admitted in the hospital. My mom said to my brother she could not be bothered because of some reason and said that she will live in our ancestral house again once my dad passed away, she also hinted that she might sell our ancestral home and other real estate properties that was acquired by my dad through his hard earned savings and earnings. Question: Can we file a case of abandonement against our mother given the fact that she left my dad and moved to another house since 2006? If my dad will execute a last will and testament to the court will it be sufficient to nullify my moms claim to my dads property since those properties are conjugal and they are still married under the law but long been separated?
Thank you and more power!
Sent you an email.
My Aunt died last Oct.2, 2011. She left as a will. Most of what she leftare already gone or sold. Her brothers and sisters didn’t follow the will, they did it extrajudicially. However, as an heir and also her executor, i can’t receive my inheritance, mostly Stocks, because the i can’t just do it extrajudicially, i have to probate the will. How do I do that? Can i still do the probate after all these years? Do I need a lawyer? Can I just go To RTC without a lawyer? And i read the jurisdiction is the place where thr testator died, what if it’s overseas. How much will i cost me? I have no money, and I don’t think my Aunts and Uncles will be able to help me. I need advice.
I sent you an email.
My father (British citizen) lived for the final 20 years of his life in the Philippines where he had his main bank account. He travelled to the UK in October 2018 where he died leaving a will that was not probabted by the UK or Philippines – he has no estate in the UK. Does the will need to be probabted the an English Court or can it just be probabted by the Philippines?
Hi, me and my husband live in California and both have dual citizenship, (U.S. and Filipino). We have properties in the Philippines. Can our will and testament notarized here in U.S. vallid there.? Thank you.
Sent you an email.
Yes, but a US will must comply with Philippine laws on succesion, probate, etc.
My email explains in more detail.
Hello!
I have a similar question. May I also have an in depth explanation on this matter? Thank you very much.
Our article on the reprobate of foreign wills may address your concern.
https://lawyerphilippines.org/reprobate-of-wills-in-the-philippines/
We would need to know more about your situation to specifically address it.
My sister died twelve years ago in Australia leaving property to my youngest brother nephews and nieces thought it unfair and it ended up being taken beforehand barangay captain who ruled the will valid the contestants each signed an agreement that they would no longer contest the decision However now TWELVE years later they are argueing yet again and wish to contest the will claiming it as a fake. what chances do they have of succeeding. ?
Sent you an email.
Hi, I live in USA and I’m visiting home this March, the reason of my visit is to have my father to draw a Last testament will and I would like to be the beneficiary or trustee. Not much property but I bought and built the house that she’s living right now so, I wondered how it work. I’m a US citizens.
Sent an email.
Hello, My mum’s uncle passed away recently. He was single and didn’t have a family of his own. We would like to know if he left a will. If he did and was probated by the court, can you please advise the steps we need to do in order to gain access to it?
Thank you.
Sent you an email.
Dear Sir,
I am Australian citizen, born in the the Phils, both of my parents were Pilipino. My Father passed away in 2009 and my mum in 2017.
Mum & Dad raised 6 children and 4 are deceased as well before my mum passed away. My question is my mom dont have a will but verbally she left me the house and lot measured 1000m2. I just found out that my sister sold few blocks out of my mom estate without my permission.
My second question, what are the rights of my parents grand children when there parents died before my mom and there is no will? I am travelling to the Philippines soon to sort out the mess, hopefully something left for me to claim.
Sent an email.
Dear Sir,
I have received your email, I went back to the Philippines last 19th of February. I stayed for 10 days to find out more info about our land. My sister sold few parcel but I found out that there is no Deed of Sale, as I didn’t sign any documents when she receive the money from the sale and didn’t
share any money to all the heirs of the property. Buyers cant transfer in the names as we all probably have to sign.
One of the parcel that sold , buyer already built the house. My question is where do I go from here?
Can I take buyer to court?
Dear Rachel:
The sale can be challenged if you are a legal heir who did not receive her share of the inheritance.
However, to do so, you must be prepared to go to court.
I suggest that you formally consult with a lawyer to see what can be done, if you are determined on this path.
Good day! My aunt who became a US citizen and has died a few months ago left a will which she made in California and had it notarized there. It was not probated there. After she was buried all concerned heirs who can make it was called and will was read by a cousin. She left behind jewelries and one small piece of real estate property here which she left to me as stated in the will. She doesnt have any children; parents are deceased. Only 3 surviiving siblings are left and a lot of nephews and nieces.
Sent you an email.
I live in California and have property in the Philippines. What do I need to do in California to make sure my Will is valid in the Philippines?
Thank you. Looking forward to your response
Sent you an email.
Hi,
I am Australian and my father recently passed away in the Philippines after residing there for more 20 years. He is remarried and has another daughter. How do I go about receiving a copy of my fathers will?
Aside from directly contacting his family in the Philippines, you may try contacting his counsel or someone who knew his lawyer.
Otherwise, the court records of the city or province where he lived or had property can be inquired into.
Hi, I live in USA and I’m visiting home this March, the reason of my visit is to have my sister to draw a Last testament will and I would like to be the beneficiary or trustee. Not much property but I bought and built the house that she’s living right now so, I wondered how it work. I’m a US citizens. Sincerely Maria
Sent you an email.
Hi, what is the alternative to extra judicial settlement if the siblings refuses to sign for extra judicial settlement? Also what would the back taxes be for a 950m2 of land if the estate tax is unpaid for 40 years?
Dear Muriel:
I sent you an email.
The estate taxes will depend on where the land is located. In addition, it will be necessary to calculate the surcharges and penalties that have resulted from late payment.
While estate tax penalties would be very high in this case as it was not paid on time, a recent tax amnesty has passed at Senate and is on President Rodrigo Duterte’s desk. It is an ideal opportunity to transfer the property.
It is also important to work out an accommodation between you and the other heirs.
Hi,
My father, a Dutch national died 2 years ago leaving a joint account with her Filipino wife in the Philippines without a will.
They don’t have kids. We are the only kids of the first marriage.
Can the Filipina wife withdraw the money without our consent?
What happens if we don’t cooperate as we want nothing to do with our deceased father. In our opinion he’s dead and died since he left us for good in 2004.
Would that be interpreted as implied waiver and can be used against us?, and she could withdraw the money?
Thank you.
The bank will probably allow her to withdraw the money absent a timely court order, provided that the estate taxes on the account are paid to or retained by the bank.
I have a query about my fathers will. He passed in the phillipines 2 years this April. The lawyer won’t give me a copy of his will, and she is also related to my dads wife. I want to attest my fathers will on grounds of fraud. I know she has in excess of 2 millions dollars American.
Sent you an email.
can I have a copy of the latest LAST WILL AND TESTAMENT 2018 (TEMPLATE OR FORMAT)
Hi Sherryl:
Although it may be possible to start from a template, wills are generally customized to a person’s particular life situation.
It must be so to ensure that all assets and the testator’s wishes are considered.
As such, it would be best to write a personalized will.
what are the legal rights of a foreigner who has been bought land and married to a filipina, but the filipina died at uk 2years after their marriage? the land was sold under the name of filipina but they have a signed paper that the foreigner are the co owner of this land?
The foreigner would be one of her heirs entitled to inherit a share of the property in accordance with the laws on intestate succession.
Hi,
My Parents inherited a property from my grandparents on my fathers side who already passed away on which both of my Father and Mother’s names and their children are stated on the will. My father also died in 1988 before his parents died sometime in 90’s leaving my Mother who is still currently alive. I have half sister and half brother from my Dad’s first marriage who demand to share with the inherited property. My Dad did not annul the first marriage when he married my mother. Although he was separated from his first wife, he was technically married to both women at the same time. Does my mother have the right to take over the will or alter it since it is in hers and my Dads name? Are my half siblings entitled to share any part of the property when my Mum whose name is on the will and not my half siblings Mum?
Hi Allan:
This is a complicated situation.
Much depends on how the grandparents estate was settled. Was there a probate of the will?
Complex inheritance questions require close scrutiny which is only possible with more information and greater detail.
myfather inherited some properties from my grandparents he died ahead of my mom(she has 2 sons on her prior marriage who already died with surviviing kids- mom grandcildren on first marriage
my question
1. are these step grandchildren of my dad entitled to inherit
from my 2 single sisters and a single brother who also died from what they have inheritedfrom my father to share with my half brothers children. if ever what is the ratio
Hi:
The grandchildren from your mother’s first marriage are not intestate heirs of the deceased single children from your mother’s second marriage.
My parents left some property in the Phil. We need to transfer the title to us children 3 heirs. I am a US citizen and my sisters are Filipino citizens. Do I need to apply for dual citizenship as a requirement to own inherited property
Sent an email.
We have a will in the US
My wife and I
We are retiring to the Philippines to live next month
Do we need a new will t be done in the Philippines
My wife is US and Filipino citizen
I am US citizen
Thank you!
A joint will would be problematic for Philippine purposes.
See discussion here:
https://lawyerphilippines.org/2017/07/04/husband-wife-and-a-joint-last-will-and-testament/husband-wife-and-a-joint-last-will-and-testament-2/