Philippine Last Will and Testament (Plus Foreign Wills and Wills of Filipinos Abroad)
If you are thinking of how to leave your property to your children, you may want to consider a will.
I explain the benefits and disadvantages to both types of Philippine wills.
I also provide the guidelines on how to make a holographic or notarial will.
Hopefully, this quick and simple guide will help you in creating your own will and getting your affairs in order.
Contents
What are the benefits/disadvantages to a will?
Making a will has the following benefits:
- The free portion – or the portion of your property that is not already mandated by law for compulsory heir – can be given to whomever you wish but only through a will.
- While a court case is also needed, disinheriting an heir can only be done through a will.
- Particular pieces of property can be given as you wish.
- You wish to give to your illegitimate grandchild or ampon or make a special provision for a disadvantaged or sick child.
It also has the following disadvantages:
- A will needs to go to court before it can be enforced. This can actually be done while you are still alive to ensure that your wishes really are followed.
- A Filipino making a will abroad needs to follow Philippine succession laws for it to be valid although the will can follow the form of wills in a foreign country.
You must weight the disadvantages with the advantages a will provides.
In addition, creating a valid Philippine will must follow the rules on holographic or notarial wills and the laws of succession such as those on compulsory heirs. The will must then be brought to court to go through probate for the property to be given to the heirs.
What is a valid holographic will?
A holographic will is a will entirely handwritten by the testator or the one making the will. In addition, it is helpful to follow the below guidelines.
- Completely handwritten.
- It is best that the testator signs and dates the will at the bottom of the document.
- It is best to have no revisions or additions. If there are any revisions or additions, each should be handwritten, dated and countersigned by the testator.
- If there are revisions after the signature, then they must be handwritten, signed and dated by the testator.
- Ensure that there are samples of your handwriting available so that the will can be validated.
- Ensure that you follow the laws on compulsory heirs. If these are not followed, your will becomes invalid.
A holographic will can be done simply as the only requirement is that it is handwritten.
But because of this, it can also be subject to fraud.
If you execute a holographic will, do your best to provide proof to show that the will is valid.
Give handwriting samples to as many people as you can. Have a psychologist testify as to your sound mind. Ensure that you follow the law on compulsory heirs. Have witnesses – while not a requirement, it can certainly help.
I also often tell people to probate the will while they are alive.
This certainly helps prove that the will is valid and reduces arguments.
What is a valid notarial will?
A notarial is notarized and signed by the testator and 3 witnesses in the presence of the testator. In addition, the law also states:
- The testator should sign every page on the left margin except for the last where the signature shall appear at the end
- The pages shall be numbered correlatively in letters on the upper part of each page
- The attestation shall state the number of pages, that the testator signed every page and that the all signed in the presence of each other.
- It must be notarized.
- It must comply with the laws on compulsory heirs.
A notarial will is easier to prove.
However, it does have a lot of formal requirements.
For this kind of will, it is best to work with a lawyer to ensure that the will is valid.
In addition, probate the will if you can already do so.
Can a Filipino abroad make a will following the forms of the laws of the foreign country?
A Filipino can create a will following the forms established by the law of the country he lives in. However, he must still follow Philippine succession law such as those on compulsory heirs, the prohibition on joint wills, etc. This will can be probated in the Philippines.
Say a Filipino migrated to the US.
He created a US will leaving his Philippine assets to his US children and Filipino nieces.
Is this will valid?
Yes.
The will created abroad is valid although it must still follow Philippine laws on succession. It can be probated abroad or probated directly in the Philippines. It can then be used to transfer the properties to the heirs.
However, take note that a joint will is completely invalid in the Philippines. In addition, different citizenships can cause complexity.
Read More: This article discusses Philippine Inheritance Laws and how foreign citizenships or wills can affect inheritance.
Can a foreigner make a will valid in the Philippines according to the laws of a foreign country?
Yes, a foreigner can make a valid will according to a foreign countries laws.
In his case, his national law determines who inherits as well as the form of the will.
So long as the will is valid according to his law, then it can be enforced in the Philippines.
Take note however, that the foreigner cannot will his Philippine property to another foreigner. A foreigner can only inherit when there is no will. This is an absolute restriction that applies in all cases.
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.
My father passed away in the Philippines a week ago. He has a wife and two daughters that live there. One daughter is from the wife and the other daughter is from her sister. The illegitimate daughter holds his surname however he was never married to her mother. She is the one who holds all the property at the moment. I do have his Last Will and Testament (Trust) whereby I am the Executor. The will and trust I hold were executed in the United States when he resided there. I am the oldest child from his first family. They will not provide a Death Certificate nor a copy of what they claim was his last wishes leaving us out of everything and claiming the wife holds all the cards. I know that this is not true but there is a huge property with many houses that they want. He had assets and they do not want us to have any part of it. We currently live in Canada and can go to the Philippines anytime but need suggestions on law firms that are reputable and fair to foreigners.
Hello. Thank you for reaching out to FCB Law Office. Our head lawyer Atty. Britanico is specialize in matters concerning Last Will and Testament. We understand the complexity of your situation and are committed to providing you with professional guidance. We will be sending you an email to discuss your case in detail. Please check your inbox for our message.
If a deceased person (2012) left a last will and testament which left the house and lot where they (the parents and daughter) lived on for more than 30 years to the daughter, can this be upheld in court with the other conditions as per below:
The father also had other children with different other women, but the youngest daughter’s mother was the one wherein there is a valid marriage contract and filed with the PSA. But other children would say she is illegitimate because the father married her mother only many years after her birth and there was no formal move to adopt her although in her birth certificate, the father’s name is stated clearly.
A group of the older siblings say they are the legitimate ones because even if there is no marriage contract found nor filed in the PSA, between their mom and the father, they say it was due to WW2 being no records or lost. Assuming the last will and testament of the father favoring the youngest daughter is valid in terms of being notarized etc, can this be upheld in court? or will the other children be able to contest it for the property and say they should have a share?
Hi. this is a complex inheritance situation you have.
If the father left a valid last will and testament, the court would generally uphold it and have a probate proceeding. However, under the law, compulsory heirs cannot be deprived of their guaranteed share of estate. As to the legitimacy of the youngest daughter. Even if she was born her parents’ marriage, the fact that her father is named on her birth certificate and later married her mother means she is considered legitimated under the Family Code. This means that legitimation retroactively confers the same rights as if she were born during the marriage, therefore, she is a legitimate child. The other siblings claim legitimacy based on their parents’ alleged marriage during World War 2, but if no marriage contract exist or is registered with the PSA, their legitimacy is questionable. They may be considered illegitimate children until proven otherwise. And for the will, yes, the other siblings can contest the will.
Good Day! I am currently here in the US, working as a caregiver, single, legal age and Filipino citizen. I invested a house and lot fully paid in the Philippines and probably invest more there while I’m here, but thinking if something happen to me I want all my properties to be given to my 2 nephews (16 and 6 yrs old) and 1 niece (14 yrs old) equally if that day comes. How can I do in a legal matters? Make a last will and testament? Hope to hear from you soon, thank you.
If you plan to execute a Last Will and Testament naming your nephews and niece as heirs, it is essential to consult a Philippine lawyer who specializes in succession and estate planning.
I am a dual citizen, both in US/Philippines. I am single, own properties in both countries, and reside in both countries, every six months. I have a will everything going my kids. What can I do, to ensure that my kids have no issues with the transfer of properties, bank accounts, and investment accounts from the Philippines?
To ensure your children inherit smoothly without future legal risk is to execute a Philippine will, have it probated locally, and prepare estate planning documents that cover both jurisdictions. You should also designate guardians/trustees for minors and keep bank accounts updated with beneficiary designations.
Dear Sir/Madam,
I am a former Philippine citizen who moved to Canada in 1979. I am now a Canadian citizen.
My mother passed away 7 years ago in Canada and she was also a former Philippine citizen.
In her will, created in Canada in 1995, she has given her entire estate to me and two other relatives who live in Canada. One is a former Philippine citizen and the other was born in Canada. My mother?s estate includes 26 hectares of farm land in the Philippines. We cannot find the deed to the land which is in her name.
What options do we have?
How best do we go about transferring ownership of the land to me and the other two beneficiaries?
Is it possible with the Canadian will and no copy of the deed?
If we find the deed to the land, how does it change the process?
Thank you in advance.
Alicia
Since the land is situated in the Philippines, Philippine law will govern. Based on the information you provided, several processes are involved including reprobate, petition for land title, and estate settlement. Although your mother executed her will in Canada, Philippine courts must still reprobate it locally before it can be enforced over Philippine property. At present, the land title cannot be found. You should verify with the Registry of Deeds where the property is located; this will determine the appropriate petition for the land title. If the Registry of Deeds still has the original copy of the title, you may file for re?issuance of the owner’s duplicate. Once the will is recognized and the land title secured, you and the other beneficiaries can proceed with the settlement of the estate.
My aunt who was already a US citizen left a will and assigned a distant cousin as executor. She has properties here in the Philippines, should the last will be authenticated here in the Philippines and if yes, what agency is in charge? Atty., may I ask for your opinion as to how many is the beneficiaries, is it 7 or 8 if the wordings in the last will is as follows
I direct that the rest, residue, and remainder of my estate be divided into seven (7) equal shares, one share for each of my siblings, including those who have predeceased me and one share for my cousin(executor).
Thank you so much.
Foreign wills must undergo reprobate in a Philippine court before they can be enforced locally. The Regional Trial Court (RTC) where the property is located has jurisdiction to authenticate the foreign will and allow its provisions to be applied to Philippine assets. As for the wording of the will, it is always best to have the full text carefully reviewed with a lawyer to interpret its intent.
Dear attorney:
I am the trusted caregiver of an American here in Dumaguete City. i know he made his last will already to his only son in california. its been three years that im serving him. He is immobile now and under Oxygen for 24/7 for a year now. My question is, can i ask part of his asset as stated in his will? it is hard and unfair if i have nothing to have in return from all this hardship i have with him? hes son doesnt mind him at all now.
If there is such a will, it would have to be probated in court for it to be held valid and transfer assets.
Hello Atty.
My parents are Filipino citizens, residents of the Philippines and own property in the Philippines. Now both deceased.
They executed a will that was notarized and witnessed by three people here in AZ.
My question, is this binding in the Philippines?
They also signed a Quit Claim Deed of a certain property in favor of my sister. Also notarized here in AZ. Is this binding in the Philippines?
Thank you kindly,.
Luz
The will can be binding in the Philippines, but it must first be either probated or reprobated here.
We have also written an article on this topic: https://lawyerphilippines.org/reprobate-of-wills-in-the-philippines/
Hi! i would like to ask some questions on legitimacy of a Will. this is in behalf of my husband.. His grandmother left a property. she passed away some 20 years ago. the only living child of his grandmother is his aunt living in Texas USA. the rest died already and only children are left including my husband. all of a sudden my husband’s aunt wants them to sign an Extrajudicial Settlement agreement. but stated therein of the 200 sq meters 100sqm will be her’s, 50sqm to my husband’s siblings and his and another 50sqm to the surviving children or my husband’s cousins.. my husband and his sibling do not want to sign it because of the unfair distribution. that it should be equally divided into 3. With this his aunt then threatened them that if they will not sign the extrajudicial settlement she will enforce the “last will and testament” of their late grandmother which is only known to them now. not even when their parent’s were still alive that such will even existed. my husband and his siblings wants to contest the validity of the will. what should they do? how do they begin with checking if the will is Probated? what are the necessary documents that they need to have to contest the validity of this will.is thumbmark valid in affixing a Testator’s signature in a Last Will? Thank you very much in advance.
We’ve discussed the process of probate here:
https://lawyerphilippines.org/2019/02/12/how-to-probate-a-will-in-the-philippines/
A court case is necessary for probate. A will cannot have any effect unless it has been probated.
I’m afraid we cannot speak to the specifics of the supposed will without knowing the facts.
Hello, My spouse and I is residence here in US, We would like to make a last will if anything happen to us my children can inherit are properties in the philippines. What are the steps that we need to do?
We would need to know more about the facts of the situation to comment specifically.
There are other considerations depending on the citizenships of the parties and the kind of property.
https://lawyerphilippines.org/can-a-foreigner-inherit-land-in-the-philippines/
https://lawyerphilippines.org/foreigners-philippine-land-and-wills/
good day honourable office.I am a foreigner My father passed away 2003.He made a last WILL in the Netherlands where he lived and i was born . In his last will is an exclusion clause this means that my ex is not included.In the Netherlands we are saying the cold side is not included.>My inheritance came in a certain amount in my bank account.During the time we where still married. and from my inheritance we buy proporties in the Philippines.
We get married in Philippines in 1993 and divorced in the Netherlands on her request in 2008..Now is my question from who are the proporties now?
My ex is thinking telling from her .I am thinking i have the right to sell it ,but only to a Philippino{A} .This of the Philippine Constitution that a foreigner has no right to own land.
The strange think is now this my ex went to a notaric and make a General Power of Attorney to a cousin that he can do anything what he likes to do.Meaning trying to get copra share and so on.
But this also means he is now controling mine Testimoney and my father did not gie him permission and also i did not give permission to him.
what to do in this situation because i think this is not fair.
I’m a little confused by your situation. I suggest you email explaining the situation – but note that this is a bit difficult to understand so we may have to set up a formal consultation.
My friend owns property in the Philippines,but is currently living in the U.S. with dual citizenship. Recently her son married against her wishes.She is very upset about her property possibly going to this family after her death and wishes to name her niece as the beneficiary.Due to the Covid pandemic she is unable to return to Phillipines at this point in time.How can she ensure that her wishes are followed( should she pass away) until she can return to (hopefully)Phillipines next year? Thank you for your attention.
She can draft a will naming her niece as beneficiary. If executed abroad, it must comply with the U.S laws and later undergo reprobate in the Philippines to be enforceable over Philippines property. However, the will must respect heirship rules under Philippine law. Her children are compulsory heirs and cannot be completely excluded. She can only dispose of the free portion of her estate in favor of her niece. Other legal remedy, she can donate the property while alive, but this involves donor’s taxes. this is less flexible and may not be ideal if she wants to retain control while living. Another thing is living trust arrangement, she can place the property in trust, naming her niece as beneficiary, but this requires careful drafting.
My husband is Australian.91 years old now..i am filipina.he live with me in the Philippines for 12 years now.he is now permanent resident in the Philippines already..he has two pensions from Australian Commonwealth Superannuation and Australian Commonwealth Centrelink deposited at Westpac bank..
Can he make a will and testament for his money in the bank ? Does Australian government honor the will prepared by Filipino lawyer? Its hard for him to write this time for a hollographic will..is it ok to make a regular will instead?
His Commonwealth Superannuation and Centrelink benefits are governed by Australian law, and these usually have their own beneficiary nomination rules separate from a will. He should confirm with the pension administrators whether a will can direct those funds or if he must file a beneficiary form. To properly address this situation, it is best that you both consult an Australian lawyer, who can guide you on how to structure the will and ensure it is recognized under Australian succession rules.
Good day!
My brother-in-law (American) died recently. My Filipino sister is his second wife. They were married for more than 10 years.
He and the first wife was already legally divorced for 20 years before he married my sister. The first wife remarried another man a month after their divorce. After his death, the first wife claim to have his last will and testament which was made long before he remarried my sister and while he was unmarried.
He was not able to revise the last will and testament after he married my sister. He had not mention anything about this last will and testament. The last will and testament said that the first wife can claim all the benefits he has after his death.
Is the last will valid? What should my sister do?
Thank you very much for your help.
Jurisdiction principles must be considered first. The law that governs succession depends on where the estate is located. If the property is situated in the United States, then U.S. succession law and probate rules will apply, and the will must be submitted to the proper U.S. probate court for validation. Philippine succession law does not govern immovable property located abroad. However, if the deceased also owned property in the Philippines, then Philippine law applies to those assets, and the foreign will must undergo reprobate in a Philippine court before it can be enforced locally.
good day! my grandparents passed away last 2018. Before they left, there’s a holographic will they made with signature of course and thumb-mark. they just wrote a letter in a sheet of paper and since both of them are senior citizen and can’t done a writings properly they decided allow my cousin to do so. Every heirs are aware of that. But now they’ve gone, my uncle rejecting the will that he also sure of. Do it matter to get validated?
If this is a joint will by husband and wife, it cannot be valid.
A will must be executed by one testator.
https://lawyerphilippines.org/2017/07/04/husband-wife-and-a-joint-last-will-and-testament/
My mother is hospitalised and unable to write. Can an eDocuSign with a typed Will, that would only require her to either tap Approve or Decline be a valid legal Will? If not, how does she get around not being able to write her will?
Digital signature may be valid with other documents but for will to be valid it is not recognized. The safest route is notarial will, where your mother can direct someone to sign on her behalf in front of witness and a notayr. This is allowed under Article 805 of the Civil code.
Hi Sir G’day
I am married a Filipino being French citizen , then have an estate in Philippines.
**from my previous marriage I have 4 children , then my actual Filipino wife has one daughter
when both die, how our Heirs will inherit our estate in Philippines per the official rules?
Is it divided by 5 ? or not?
Thanks for your help and support.
Ready to send you an email.
Rgds.
J-Y
Inheritance in the Philippines depends on several legal considerations. First, an estate only comes into existence after death, so we must separately analyze your estate and your wife’s estate. Second, compulsory heirs under Philippine law include legitimate children and the surviving spouse. This means your four children from your previous marriage are compulsory heirs, and if your wife’s daughter is also your biological child, she will be included as well. If she is not your child, she will inherit only from her mother’s estate, not yours. Third, the nature of the property matters: if the estate consists of property acquired during your marriage to your Filipino wife, it is considered community property (either absolute community or conjugal partnership, depending on your marital property regime). Only your share of that community property will form part of your estate. If the property was acquired before your current marriage or inherited, it is exclusive property and will be distributed solely according to succession rules. Finally, marital status ensures that your current wife is always a compulsory heir alongside your children. In practice, if you pass away first and the daughter is your biological child, your estate will be divided equally among your five children and your wife, resulting in six shares. If she is not your child, then your estate will be divided among your four children and your wife, resulting in five shares. When your wife passes away, her estate will be divided among her own children and you (if you survive her). If you predecease her, only her children will inherit her estate.
My house and lot is mortgaged to a bank . I have been paying the MRI (Mortgage Redemption Insurance) yearly and
the bank says that if I die, my home loan will automatically be paid through my MRI. The title is under my name and my
spouse. Would this mean that my spouse will have the sole right to our house and lot in case of my death. I want to
transfer the title to my only daughter. Should a Deed of Donation (even if still mortgaged) inter vivos be sufficient or
a Deed of Donation Mortis Causa should apply in my case.
Thank you for your response.
Since the title is under both your name and your spouse’s upon your death, your spouse remains co-owner of the property. Your share will pass to your compulsory heirs (including your spouse) through succession. You can donate your share to your daughter even if the property is mortgaged during your lifetime, but the bank’s consent is required since the mortgage is still in place.
My mother inherited a property from Canadian friend who lives in our home for four years in Philippines. He’s deceased and the will isn’t notarized, how to get this property? Any legal advice are much appreciated and thank you.
It rather depends on whether the property is in the Philippines or overseas. Send us an email at contact@lawyerphilippines.org and we can discuss if you wish.
I am a US citizen with permanent residency in the Philippines. I want to leave my estate to my four US grandaughters and my Filipino caregiver (5 equal shares). Is this possible? Can a Filipino or US attorney draft the will?
A will drafted under either set of laws may have different implications depending on your situation. Will send you an email.
Hello. May I ask if how much should it cost if my grandmother shall make a notarial will from our house? Whats the needed requirements and all costs?
The exact amount depends on the complexity of assets, the lawyer’s professional fees, and whether home service is required.
I am a Filipino citizen residing in the UK. I have a property in the Philippines. I do not have any children. I aready have a Will and Testament made in the UK regarding my property in the Philippines, but I was advised that this should be sent to and registered in the Philippines. How do I go about this? Thank you.
There are different options which depend on your particular situation. Will send you an email.
Hi Attorney I have foster father he lives in Czech Republic he was writing his will and I am his heir and anything happens to me my two brothers will be the second heir to receive the money he left. Is that possible? He said was already sign it to the office of the notary public there in Prague
This may be best addressed by a Czech lawyer.
How much to file a probate? And how long to process a probate
I will send an email.
Hi, I have the same question too. Can I get a reply by email please?
Yes, please feel free to email us at admin@lawyerphilippines.org.
Attorney my late grandmother left a holographic will, my mother is the only beneficiary of the 600 sq. meter ancestral land property she left. And sadly the other living siblings of my mother claimed that they too have their share contrary to what is written on the will. How much would it cost us & usually how long is the process if we will submit the will for probate? Thank you.
The will cannot overrule the Civil Code provisions on legitime unless it explicitly disinherits her other children.
In any case, we would need to know more of the facts to speak to this particular situation.
Please fill out our form on http://www.lawyerphilippine.org and provide as much information as possible if you would like to reach us.
Hi! My father left a holographic will, but We only have the copy of it. The original was lost. Is there a chance that we can probate it?
Will send an email.
Someone forged a will and testament from the Philippines and the witnesses signing it was harold respicio. It’s in English. How can I tell if it’s real or fake. It was made up in 2015. Which is the 1st year Mr. Respicio passed the bar.
If the named witness was not yet a practicing lawyer or notary in 2015, he could not have notarized the will. However, note that witnesses do not need to be lawyers, they only need to be competent adults.
hello, my grandmother left a holographic will, my mother is one of the beneficiary for the most properties she left. How much would it cost us if we push this holographic will to legal means thank you.
Sent an email.
Dear Sir, Madam,
Can you please advise on how to draw up an international will that complies with both uK an Philippines laws,
I am looking to split the estate so that there is a 50% divide on the property and personal belongings, (50% to UK and 50% to Philippines families).
Thanking you for your help.
Regards,
Property in the UK is governed by UK succession la, while property in the Philippines is governed by Philippine succession law. Each country has its own probate process. If you execute a will abroad, the Philippines courts will require reprobate before it can be enforced over the Philippine property, it will also apply when you execute a will here in the Philippines. For clarity and efficiency, seek a lawyer that will give you proper advice and recommendation.
Hi! Is the provision in a will “whoever opposes its probate or question any provision contained in the will shall not receive anything disposed in the will” valid?
Under Philippine law, every will must be submitted to court for probate. The court examines its authenticity and due execution. This is called no-contest clause and not firmly upheld and may be serve as a deterrent against frivolous challenges, but it is not enforceable. Courts usually disregard them if they conflict with the right of heirs to contest validity or protect their legitime.
What is the cost of getting legal advise about how to transfer my land in my name?
Sent an email.
if i own a condo in philippines and i want to give it to my foreigner partner in my will is that possible. we cannot be married.
You may name your foreign partner as a beneficiary in your will, and since the property is a condominium unit, the transfer is valid provided that foreign ownership in the condominium project does not exceed the 40% limit prescribed by law. Take note, however, that if the property involves land, a foreigner cannot own it except by intestate succession.
Mga mag kano po ba aabutin pag nag pagawa ng last will ?
The total expense will vary depending on how complex the assets are, and the professional fees charged by the lawyer.
How to get the inheritance from Oregon, USA? I am a Filipino and I am one of the beneficiaries of the testament/Will. I am currently living in the Philippines but the testament/Last Will is in the US. What should I do?
The will must be submitted to the probate court in Oregon. The court will validate the will, appoint the executor, and oversee distribution of assets. As a beneficiary, you don’t need to be physically present in Oregon, but you may need to provide identification and documents. If you cannot travel, you can authorize a lawyer in Oregon to represent you.
My Filipino partner owns a lot of land and she wants to will the property to me (Australian) if anything happens to her…Is this possible?
Sent you an email.
Hi Atty. How about if the foreigner is a British Citizen and he wanted to make a will here in the phils how can we make sure that it can be valid in his country which is the Uk? Do you know the UK law in succession? And how to make the legal forms of the will? Thanks
This is best addressed to a lawyer or solicitor in the UK.