Why choose us?
We’ll tell you upfront if you need a Will or another Estate Planning solution. Wills in many cases can be avoided, unless there is Disinheritance or complicated behests.
We’ll draft a Will according to Philippine laws and jurisprudence so that you can be sure that your Will can actually be used (most Wills are invalidly created).
We’ll inform you of practical considerations you need to know upfront such the probate requirement, probate costs, copies of wills & documents you need to keep on hand.
We’ll always work in your best interest and guide you through planning your estate or creating your Will with your wishes always at the forefront.
Why do you Need a Will in the Philippines?
A Philippine Will is needed when a Compulsory Heir is
disinherited, when an Heir is added or when an Heir’s share is
increased. A Will is also needed when
Disinherit
You can only Disinherit a Compulsory Heir on certain grounds and only through a validly written Will. These grounds are very technical and strict and so require a lawyer to make sure that it is accurate.
Add an Heir, Increase a Share
You can add a partner as an Heir or increase an Heir’s share only through a valid Will. This Will must also follow strict Rules so that the addition of the heir or the increase of a share is valid & needs a lawyer’s guidance.
Ensure the Will is Valid
We’ll ensure that the Will is drafted as per the Succession Rules on Wills in the Philippines in terms of form and substance so that you can rest assured that your Will can actually be used (Most cannot be used).
Complicated Behests
A will or other estate planning solution is needed if you have a lot of assets or if you have specific behests that you wish to enforce. Without a Will, the default Succession Laws of the Philippines will control and use the default division.
Atty Britanico and
Wills
What are the Requirements for a Will?
A Will will require that you are forthcoming about your family situation and are truthful to your lawyer. Property documents and family documents should also be provided and witnesses are needed if the Will is a Notarial Will (recommended).
Coordination with your Lawyer
Property & Family Docs
Probate Recommended
Witnesses
Philippine Will Process
Email Us and explain why you want a Will, who you want to inherit, what your assets are and whether or not there is family fighting about the assets and the Estate.
Assessment FCB Law Office will ask for any necessary details to complete an assessment of the situation and determine what documents or information may be needed to draft the Will.
Draft and Approval FCB Law Office will draft the Will and present it for your approval so that you can confirm the Will’s stipluations. We will revise it up to 2 times.
Notarization & Witnesses A Notarial Will will require Notarization and Witnesses to be valid. We recommend a Notarial Will so that there are several copies and it is easier to prove due to the Witnesses
Probate Recommended
Probate Recommended FCB Law Office recommends that a Will be probated while you are alive as it is easier to prove as you can testify to its authenticity.
Further Reading
Guide to Child Support in Philippine Law
To File a case for Child Support in the Philippines you will need to prepare documents that prove the child’s paternity, show the Spouse’s financial capacity and itemize the child’s expenditures. Read more…...
Child Custody and Child Travel To and From the Philippines
Child custody issues are often intertwined with concerns about the child’s travel into and out of the Philippines. This discusses the interplay between the two...
Frequently Asked Questions
What is a will in the Philippines?
A will is a legal document that allows a person, known as the testator, to express their wishes regarding the distribution of their property and assets after their death. In the Philippines, there are two types of wills: holographic and notarial.
What is the difference between a holographic and notarial will?
Holographic Will: A holographic will is handwritten, dated, and signed by the testator. It does not require any witnesses. However, during probate, at least three witnesses must attest that the handwriting, signature, and date are truly the testator’s.
Notarial Will: A notarial will is a typewritten document that is signed by the testator and at least three credible witnesses. The testator and witnesses must sign every page of the will, and the witnesses must also sign an acknowledgment before a notary public.
What are the requirements for a valid will in the Philippines?
For a valid will in the Philippines, the following requirements must be met:
• The testator must be at least 18 years old and of sound mind at the time of the will’s execution.
•The will must be either holographic or notarial, following the rules for each type of will mentioned above.
•The will must not have any provisions that are contrary to law, morals, good customs, public order, or public policy.
• The testator must be at least 18 years old and of sound mind at the time of the will’s execution.
•The will must be either holographic or notarial, following the rules for each type of will mentioned above.
•The will must not have any provisions that are contrary to law, morals, good customs, public order, or public policy.
How do I choose an executor for my will?
An executor is the person responsible for managing the testator’s estate and carrying out the provisions of the will. In choosing an executor, consider someone who is trustworthy, capable, and willing to handle the responsibilities involved in administering an estate.
Can I disinherit my spouse or children in my will?
Under Philippine law, legitimate children and surviving spouses are entitled to receive compulsory shares of the estate, known as legitime. This means that a testator cannot disinherit their spouse or legitimate children completely, except in cases where the law allows for disinheritance due to just causes specified in the Civil Code.
Can I change or revoke my will?
Yes, a testator can change or revoke their will at any time before their death. To change a will, the testator can create a new will that expressly revokes the previous one or make a codicil, an amendment to the existing will. To revoke a will, the testator can create a new will that expressly revokes the previous one, physically destroy the will, or execute a written document declaring the revocation in the presence of witnesses.
What happens if I die without a will in the Philippines?
If a person dies without a will or with an invalid will, their estate will be subject to intestate succession. In this case, the court will appoint an administrator to manage the estate, and the assets will be distributed according to the rules of intestate succession as provided by the Philippine Civil Code.