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.
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.
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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.
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 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.
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.
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.
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.
What is the cost of getting legal advise about how to transfer my land in my name?
Sent an email.
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.