The settlement of a person’s estate after his/her death, based on our experience, is potentially one of the more bitter litigations. It’s never good to see relatives fighting each other. Some persons, with the intent of controlling the disposition of his/her properties after his/her death (and hopefully prevent fighting among his/her heirs over the properties left), prepare a “last will and testament”. Let’s have a brief discussion on this matter.
I. “LAST WILL AND TESTAMENT”
A “last will and testament,” or simply a “will,” is “an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate”. It is a document whereby a person, called the “testator,” disposes of his/her properties or “estate,” to take effect upon his/her death.
The “testator” is the deceased person who made a last will and testament.
The person who is given PERSONAL property through a will is technically called the “legatee,” while the person who is given REAL property in a will is called the “devisee.”
The person named in the will who is entrusted to implement its provisions is called the “executor.” If the “executor” is female, she is formally known as the “executrix”.
II. WILL VS. INHERITANCE
A “will” is different from “inheritance”. A will is different from inheritance, which “includes all the property, rights and obligations of a person which are not extinguished by his death” (Civil Code, Art. 776). In other words, the basic difference between a “will” and “inheritance” is that a “will” is the document that determines the disposition of the “inheritance”.
III. WILLS VS. DONATIONS
A document entitled “last will and testament”, but provides that all properties must be transferred during the lifetime of the testator, is not a “will”. A will takes effect upon death of the testator. If the disposition takes effect before his/her death, it is a donation and is governed by the formalities of and legal provisions on donations.
IV. KINDS OF WILLS
There are two kinds of wills — holographic and notarial. A holographic will must be entirely written, dated, and signed by the hand of the testator himself. It is subject to no other form, and may be made in or out of the Philippines, and need not be witnessed (Article 810, Civil Code; See Holographic Wills: Form, Requirements for Validity and Probate).
On the other hand, a notarial will may be printed, signed by the testator and at least three witnesses, and notarized. [See Notarial Wills: Form and Requirements]
V. ABSENCE OF WILL
A will enables a person to have control over the disposition of his/her estate. In the absence of a will (or if the will is not probated), the general provisions of law govern the disposition of the estate of the deceased person. The proceedings in the absence of a will is called “intestate proceedings.” [See also: Basic Concepts in Estate Proceedings and Extrajudicial Settlement of Estate]
VI. PROBATE
“Probate” is a special proceeding to establish the validity of a will. Probate is mandatory, which means that no will passes either real or personal property unless it is proved and allowed in a proper court. Courts in probate proceedings, as a rule, are limited to pass only upon the extrinsic validity of the will sought to be probated, but the courts are not powerless to do what the situation constrains them to do, and pass upon certain provisions of the will, under exceptional circumstances.
A will may be probated during the lifetime of the testator. This way, the testator could himself/herself affirm the validity of the will.
VII. REPROBATE
It is a special proceeding to establish the validity of a will previously proved in a foreign country.
VIII. DUTY OF THE CUSTODIAN OF A WILL
The person who has custody of the will has the legal obligation to produce it. The practical problem with this is when only a few persons know about the existence of the will and all of them agree not to produce it. This is one of the reasons why some testators sometimes entrust the custody of a will to their lawyers, who are then obligated upon death of said testator to enforce the provisions of his/her will.
In the case of Dy Yieng Sangio vs. Reyes (G.R. Nos. 140371-72 (27 November 2006), a petition for the settlement of the intestate estate was filed. The oppositors argued that the deceased has a holographic will and that the intestate proceedings should be automatically suspended and replaced by the proceedings for the probate of the will. A petition for probate of the holographic will was eventually filed. The Supreme Court ordered the probate of the will and the suspension of the intestate proceedings. According to the SC, it is a fundamental principle that the intent or the will of the testator, expressed in the form and within the limits prescribed by law, must be recognized as the supreme law in succession. All rules of construction are designed to ascertain and give effect to that intention. It is only when the intention of the testator is contrary to law, morals, or public policy that it cannot be given effect.
IX. ERROR IN TITLE OF DOCUMENT
Even if a document is not entitled “last will and testament,” it still can be treated as a will. In the case of Dy Yieng Sangio vs. Reyes, the document is entitled “Kasulatan ng Pag-Aalis ng Mana.” The document, although it may initially come across as a mere disinheritance instrument, conforms to the formalities of a holographic will prescribed by law. It is written, dated and signed by the hand of the testator himself. An intent to dispose mortis causa (upon death) can be clearly deduced from the terms of the instrument, and while it does not make an affirmative disposition of the latter’s property, the disinheritance, nonetheless, is an act of disposition in itself. In other words, the disinheritance results in the disposition of the property of the testator in favor of those who would succeed in the disinherited heir.
Good day to everyone need advice po here’s the situation;
My wife’s parents passed away few years back and wala po iniwan na last willing testament para sa mga anak nila, 6 po silang magkakapatid including my wife, yung 5 po they decided na ibenta sa aming mag asawa yung property kaso yung titulo po ng lupa is nakapangalan pa po sa parents nila,Payag naman po kaming bilhin kesa sa iba pa mapunta ang problema po ay kung paano namin mapapatransfer yung name na nasa title and paano magkakaroon ng deed of sale kung pumanaw na po yung parents nila, sabi po nung mga hipag at bayaw ko is pipirma na lng daw po sila dun sa deed of sale pwede po ba yung ganun? Thank you in advance po sa mga mag bibigay ng advice. God bless.
Hi based on my opinion, the siblings may settle first the estate of the
deceased, once the settlement is done and the title already transferred
to the respective siblings, that is the time you may execute a Deed of Sale
with your spouse and her brothers.
From
Self Study
At the time the parents died, the children being compulsory heirs are entitled to 1/2 of the property by legitime. If their are no other relatives with the same degree as them (like grandparent) then they get everything. They, by operation of law, become co-owners of the estate and are allowed to sell their undivided share to anyone. This means that the children after time of death can already sell their share of the property/estate even without the consent of their other siblings. This is allowed since they already have rights to the estate and is no longer considered a future inheritance since their parents already died and inheritance vests at the time of death of the decedent. However to get title to the property, the heirs must first settle the estate in an intestate proceeding. You will need to consult a lawyer for this. During the proceeding, you can present the deed of sale executed by the siblings to you so that the court can rule that you and your wife are already the owners of the property/estate. You can now present this judgment to the Register of deeds to have the title be transfered to your name. 🙂 thank you!
Erratum: “if there are no other relatives”
2nd erratum: The children will inherit everything in the estate of their deceased parents since they are direct descendants and compulsory heirs excluding all other living relatives that their parents may have at the time of their death. 🙂
Sorry, still reviewing.
Good afternoon, My father died recently. My father and mother are separated since I was six years old. They are married and I have 4 siblings. My father has a common law wife and has a child who is 13 years old. We do not know how and where to go and what initial steps on how we will pursue our rights as the LEGITIMATE FAMILY. My titos and titas (mga kapatid ni father) is telling us during the wake that my father has nothing left for us, even the corporation (my father and his siblings has a corporation) my father transferred all his rights to his child to his common law wife.
1.) Can we pursue to exercise our right over an alleged properties of my father?
2.) Can we ask to secure his personal belongings?
3.) Can we ask his remains (ashes) from his siblings? They told us that my father request that if he dies his remains to be in the side of his siblings.
Can one of the heirs to an estate consisting of commercial property which cannot be physically divided forced the other heirs to sell the property so that an equitable distribution of the property can be effected?
Hi Peter! You cannot force the other heirs to sell the property. It should be in mutual agreement. This is why it is important for a person to create a last will and testament, in order to avoid disagreements of heirs in the future.
hello po.
Hello po sa admin,mayroon po akong tanong tungkol sa last well..mayroon pinagawa na last well yung kapatid ng mama ko na lalaki na last well, at penepermahan ng lolo ko, but yung lolo ko, maysakit na cya at hindi na talaga feeling well cya,cguro hindi niya alam kung anong nkasulat doon sa paper, valid ba yun kahit may attorney naka sign, but yung attorney nka sign wala cya sa pag perma ng lolo ko..at may dalawang witness nka sign doon,mga matanda na din..cguro na bigyan ng pera yun nka pag witness… kung saan nka tira me ngayon, nga sabi ng ibang kapatid ng mama ko, at buhay pa ang parents ng mama ko, saamin dw yun, share sa mamako ang tinitirahan namin….namatay ang mama ko dahil sa lungkot, na wala pala cyang share…sana po mkapag reply kayo saakin..kasi naawa talaga ako sa kapatid ko,pinapaalis, at palagi nag wild yung asawa niya sa ka gustuhan na mkaalis cla….
Please for your advise,
Situation:
My Father – illegitimate Child
My Uncle- Older than my Father
Grandmother Married with American Citizen father of my Uncle and they live in United states.
Years ago the Husband of my Grandmother died first the few years back my Grandmother died also.
His mother and older Brother was living in America and apparently our Lola died few years back during the time when our grandmother is alive my father is the one taking care of the property of my Grandmother herein Philippines and we are not having problem, in fact the property original titles and other documents was given to my father and was also indicated that the property was acquired during she was single, due to good faith my father was so trusty with his half brother and he’s thingking that because he’s brother is well living in States he assume that problem between them will not occur and because they have same mother and by blood the bad situation will not arise.
Now the problem is my uncle want to get all the property of our grandmother without giving any single piece to my father including the house the my father build and we live for more that 40years, year ago without knowledge of my father our uncle secretly transferred all the property to his name and he is showing Last will and testament which in the will indicated that our Grandmother executed a will transferring his property to his husband which is an American citizen and note that the husband died before my grandmother. with this my father filed a case which is falcification of documents because he don’t agree and believe with the Will that my uncle is showing.
Now the Atty. of my uncle sent us letter indicating that my father need to vacate the property of my grandparent and leave the house and other building that my parents build for years.
Please for your advise what will be my father legal remedies for him to fight for his right over the property of our Lola.
Based on my knowledge, Sa pag panaw po nung testator (yung lolo nyo), ipapasa po ang Last will sa korte and will undergo probate Para malaman if Legal yung Last will na ginawa. Dun po ninyo pwedeng ilaban na hindi na alam ng lolo ninyo yung pag pirma nya dahil malala na ang sakit nya nung sya ay sapilitang pinapirma. Kapag na prove po sa court na hindi Legal yung Last will, ang mag Take Effect po ay yung intestate division which would make your mom a legal heir. Nasa batas po ng Pilipinas na lahat ng legitimate pati illegitimate heirs ay mayroong bahagi sa pamana ng magulang. So may laban po kayo.
Hi.. Pwede po makaask.. My dad died leaving the family a house and a car , and his insurances all under his name and my mom as the beneficiary. He has 5 children po . 4 of us dont want a claim on the properties except for the insurances that he left that may amount to 1 million pesos. The problem is my mum and our eldest brother dont want to share anything to us because according to my mum she has the sole right on the claim since she is the only one under the beneficiary. She havent had any job so she said that is her only means to live.
but she is also a benefiary to my dads pension since he is in the military service that may amount to 25000 per month that we think is enough for her. We dont really have a very good relationship with my mother since she only favors and listens to one person , my brother ,whom we felt never really deserve anything coz they both made my dads life a hell when he was still alive. Do we have the right to this claim? We dont really want a legal settlement on this since we are family and it is not really a big money.
and the only reason why we want to claim for this money is that my mom is an extravagant spender and show off. I may sound bad as a son but that is the truth. Our relationship has gotten worse whne my dad died and personally I blame her and my brother for my dads death.
Hello Crazytell,
Since your mother is the sole beneficiary of your father in his insurance policy, she is the only one who can benefit from the proceeds of the insurance money. This is according to the provisions of the Insurance Commission unless your dad left a will that mentions a certain percentage of the insurance proceeds will be shared or divided by the members of the family.
HI,I am from the USA and been in the Philippines for about three years ……Have been living with my girlfriend for over two years,,,,,What type of will do I need where she can get my belongings if something happens to me?
Thanks
Are you a US citizen? Do you have a child with your gf? When you say belongings, do you mean properties or just your tangible assets?
My parents made a Deed of Donation in 1996 giving to me and my two siblings several hectares of land they own inside an urban area. A number of incidents have transpired since that time, including my mother’s passing, and my sister and her husband engaging in activities such as disposing of cattles, etc. entrusted to them but which they had no right to dispose of since these belong to my parents. My father has also changed his mind about this donation. He maintains that the Deed of Donation was never valid because it was not registered, nor accepted by us siblings. On the document itself, my two siblings and myself, affixed our signatures, which all along meant, our acceptance.
Please enlighten us on this matter. What does acceptance comprise? Would it still be valid if it was never registered, despite having been notarized, etc.?
Thank you for your kind attention.
To the moderators, correct me if I’m wrong but for a deed of donation to be legalized, it needs to be registered and depending on the value of the properties be paid it’s corresponding donors tax. If it wasn’t registered, then I am afraid it might not be valid.
gdday!
i would like 2 ask f the illegitimate child of my husband cannot ask anything from our conjugal property f he left a last will and testament (which d illegitimate child s not mention)?
pls advise. ur reply s much appreciated. thank u n godbless
Hi,
What if the holographic will was burnt by one of the relatives but an existing photocopy is available? is that still valid? all the components of the holographic will is there. A barangay statement was also made saying that the will was burnt.
What should we do?
DEAR SIR,
HI! MAY KASO PO AKO. BAGO PO MAMATAY MOTHER IN LAW KO, MAY PINIRMAHAN PO KMI MAG ASAWA NA PINAMANA PO SA AMIN YUNG ISANG BAHAY NILA SA PROBINSYA. NAMATAY NA PO ASAWA KO, WALA PO KAMING ANAK. DI PO KLARO KUNG MANANAIG YUNG LAST WILL AND TESTAMENT NA SA AMIN PA RIN YUNG PROPERTY O SA MGA KAPATID NG ASAWA KO. NAGHAHABOL PO KASI KUNG SAKALI MAIBENTA YUNG PROPERTY.
SALAMAT PO.
AGNES
Agnes, we are not allowed to comment on existing cases. Hope you understand.
kasal kami ng asawa ko, namatay siya may last will and testament. ang lupa at bahay namin ibinigay sa anak namin {menor de edad pa}, ibang tao ang executor ng last will and testament niya. sabi ng executor bawal akong tumira sa bahay namin. Siyanga nga pala. hiwalay kami ng asawa ko dahil marami siyang babae, may 3 pa siyang anak sa labas pero ako, faithful ako sa kanya. Bilang asawa niya. wala na ba akong karapatan tumira sa bahay namin?
Ask ko lang po, incase a mother leaves a last will and testament to hand over her house and lot to one of his 2 sons, will it leave the other son with nothing and there is nothing that he can do about it po? kahit wala siyang alam about sa last will and testament.
hello po, ask ko lang po, kasi po may pinirmahan pong last will and testament ang lolo ng asawa ko na nakalagay sa pinamanahan is yung biyenan kong lalaki, na tatlo silang maghahahati sa lupa isa dun is yung biyenan kong lalaki. kaso namatay na po ang biyenan kong lalaki ngayon po ang mga kapatid ng byenan kong nasa america is pinapalayas ang asawa ko at mga kapatid nya sa lupa na pinamana ng lolo nila sa byenan kong lalaki. at ang sabi ng tita nilang nasa america wala na daw po silang karapatang tumira dun at patay na ang byenan kong lalake. at invalid daw po ang hawak nilang last will and testament. at ang sabi pa po eh ipapabuldozer ang bahay nila at ang bahay naminng mag asawa na ginagawa sa lupa ng byenan kong lalaki. anu po ang magandang gawin? yung titulo po pala ng lupa eh hawak ng tita nila at ayaw ibigay. pero nakapangalan pa po yun sa lolo at lola ng asawa ko. salamat po.
Hi!
May Kaibigan po ako ngayon na tinutulungan at Gusto ko lang po sana malaman kung anong legaledad ang nararapat nyang gawin, nagiisa po syang anak at ang parents nya ay hiwalay simula 4 years old sya at lumaki sya kasama ng kanyang mother, may 2 na syang anak ngayon at nagkaroon sila ng di pagkakaunawaan ng kanyang mother na 84 years old na pero may boyfriend na may asawa at ang gamit na apelyedo ay yung sa lalaki. ang negosyo ng nanay nya ay sa palengke pagpapautang (5/6) ito ang kanilang business. dahil sa pagsita ng aking kaibigan sa kanyang nanay ay pinalayas sila nito kasama ang dalawa niyang anak. at kinasuhan pa sya ng robbery pero na dismiss ang kaso dahil sa wala itong katibayan at gawagawa lamang at pinalalabas ng kanyang nanay after 38 years na ampon lamang sya subalit pagdating sa mga legal na katibayan bilang anak lahat ng sinasabi ng nanay nya ay hindi totoo legal na anak sya authenticated lahat ang kanyang mga papeles nagpapatunay na anak talaga sya, at ang mansion nila ay nakapangalan sa kaibigan ko at sa nanay at sa dating naunang boyfriend pero patay na ito ngayon at sa titulo ang ginamit na apelyedo ng nanay nya ay apelyedo ng kanyang dating namatay na boyfriend, ito po ba ay legal? paano po ang dapat gawin ng kaibigan ko gusto na nilang umuwi pero pinagbabawalan sila ng nanay nya at pinagpipilitan na wala syang karapatan dahil ampon lang sya at pati mga barangay at police ay gwardyado sa labas ng bahay nila ang kasama ng nanay nya ay yung pamilya ng kanyang boyfriend at lumalabas na may threat at ang kaibigan ko ang pinagbibintangan. Kailangan ko po ang payo ninyo at malaking tulong po ito sa kaibigan ko at mga anak nya na hindi na nakapag aral yung isa kasi hindi ko po kayang suportahan dahil college na, at bilang kaibigan sobra po akong naawa sa kanila dahil alam kong mali ang mga nangyayari at biktima lang sila ng mga taong ganid sa pera. paano po makakauwi sa kanilang bahay ang kaibigan ko at sa mga nangyaring problema nila ng kanyang nanay may karapatan bang habulin nya ang lahat ng mga ari arian na unti unti nang binigay at inilipat ng kanyang nanay sa kanyang boyfriend? pwede ba nya sabihin sa nanay nya na may karapatan din syang tumira doon? paano kung ayaw pumayag ng nanay nya? anong dapat nyang gawin?
Maraming salamat po at umaasa po ako na sana mabigyan nyo ito ng pagkakataon na masagot para maging gabay sa mga hakbang na dapat nyang gawin.
Mabuhay po kayo!
Larizz
Just wanna ask po..as a only son….pwede po ba ako tumangi kung sino po ang ilalagay sa last will and testament…? or is there a way para po ma prevent ito….pls help me po…
Atty. Fred, I am a daughter of a filipina mother and an american father but is considered a foreigner. I purchased a property in the Philippines under my mother’s name believing that she can “will” it back to me so I can own it someday. She has since passed away and I would like to transfer the title to my name. What should be my first step? Thank you so much for any information you can give me!
I live in the US. My father, 79 years old and my brother (a handicap), 45 years old, currently live together in Manila. My mother passed away in 2009. My father hired a housekeeper (approxmiately 55 years old) shortly after my mother’s death. Within days, my father declared the housekeeper as his “wife” but they are not married. My parents own an income property in Manila (“subject property”). Upon my mother’s death, my father added my name into the the deed of donation of the subject property. I have the deed of donation in my possession. Recently, my father wrote his last will and testament, naming the housekeeper as the “caretaker” of the subject property and “caregiver” to my handicapped brother upon my father’s demise. I also recently learned that my father provides an undeserved monthly financial support to the housekeeper’s extended family in the province. QUESTIONS: 1) Is the last will and testament enforceable upon my father’s death? 2) Does the housekeeper and her family have a right to remain at the subject property upon my father’s death? 3) Can I recover the unnecessary monthly financial support being expended by my father to the housekeeper’s extended family? 4) Can I get rid of the housekeeper and her family upon my father’s demise? I believe my father is vulnerable and being taken advantage of. I will appreciate your response.
good morning.
gusto ko lang po e share. sabi po kasi nung abogado ng partner ko soon to be husband normally this coming march 20,may last will daw po na iniwan.nung una sabi daw po nung partner ko na after 40 days buksan yung will.kahapon binigay nya po pro ndi sa akin mismo sa kaibigan po naming.simple lng po.bondpapaer lng xa ni walang envelope.i have a shocked lang coz the last will was not written in my partners penmanship, it was written via computer..i read that there are 2 kinds of last will and both will must be written personal by the testator.nakalagay po dun sa last will na anak naming ang may karapatan.I have only to continue and manage what have to be.yong abogado po ang nakalagay na executor..i need some advice po.
salamat
Hei,
My father died 3 months ago.
He remarried in 1979, 8 months after my mothers death. They got 2 children. We were 5 children from the first marriage and one of my brother died for 5 years ago and has 3 children. One of my sister died for 26 years ago and left one adopted boy who lived together with my stepmother and father. So we are 3 remaining alive.
My father owned a lot acquired from his first marriage.
He own a house which I paid all the expenses for and this was built during his second marriage.
I consider that the land is non conjugal properties since my mother and father acquired it together.
Does my stepmother any right to the house?
We sold a piece of land after my fathers death, how should we divide it?
Looking forward for your advice.
Thank you in advance.
Hello po.
My lolo died 9 years ago. My lolo has 2 properties, one in the US and the other in the Philippines. He has 8 children. He left a will for his land property in the Philippines with my Mom as the executor. In the said last will, only his two children who lived in the Philippines were included as heirs. In the US property, only 3 children were also included as heirs.The other 3 children were not included as heirs in both properties.
I would like to ask if the land property here in the Philippines still need to be probate before it can be transferred to the two heirs? Is it really necessary even if the other children who already lived in the US are no longer interested in the property? How long does probate usually last? Is it costly?
Hope you can help me with this matter. Thank you.
Elaine
Hello,
I’d like your opinion please.
My father died with a will and my living mother attested that she agreed to the provisions. My father gave each of us 6 children a piece of the rice fields and the house was split into three owners (myself, a brother #3, and sister #3). The land where the house sits was willed to me. Brother #1 (on the prodding of his wife)wants to contest the will. They are saying the will was wrong and wants the land divided into 6. Brother #2 is not interested in house and land. Sister #2 maybe interested in getting some cash from the land (my thought) if divided. I know brother #3 can contest the will, but what are his chances of winning. My father did not give him part of house and land because he is the black sheep of the family.
Million thanks for your response
Good day,
Here’s my situation:
Lumaki po ako kasama ang lolo at lola ko, unang namatay ang lola ko then after 7 years namatay narin po ang lolo ko. Nakatira pa rin po ako ngayon sa bahay at lupa ng lolo’t lola ko kung saan ako lumaki kasama sila. Ngayon po ay pinagaawayan ito ng mga tito at tita ko, ang alam ko lang ay yung titulo ng lupang ito ay nasa bunsong anak ng lolo ko which is yung tita ko. May nakapagsabi po kasi sakin na family friend namin (at kapitbahay) na may pinapirmahan daw sa kanila ang lolo ko dati na kasulatan na meron daw po ako parte sa mana. Nung una ay binabalewala ko lang po yun, pero kahapon po ay bigla na lang ako hiningian ng 2 valid ID’s nung tita ko… nung tinanong ko kung bakit, ang sabi basta may inaayos lng daw sila about dito sa lupa ng lolo ko… napaisip po kasi ako bigla bakit nila kailangan ang ID ko.. dapat ko po ba sila bigyan ng kopya ng mga ID’s ko? Kung totoong may parte nga po ako sa mana, kaya po ba nila (mga tito at tita ko) na tanggalin yun sakin? Maraming maraming salamat po sa sagot na maipapayo nyo… magiging malaking tulong iyon sakin.
Hi, sana po may makatulong, we have a photocopy of a holographic will of our late grandma, our names our stated there to have an equal share with the legitimate children. Ang problema po nmin ay itong pag probate, balak po kase nmin i probate itong photocopy na holographic will ni lola kaso di nmin alam kung ano ano yung dapat namin ihanda na papeles at kung magkano abutin yung gasto sa filling fee.pls help.
good day!
matagal na kami wla communication sa daddy ko siguro po 15years na.. hiwalay na sila ng mommy ko pero hinde po sila legally separated.. namatay po yung daddy ko and nasa kanya ung titulo ng lupa namin na conjugal property po nila ng mommy ko.. kakaretire nya lang din so i assume meron sya retirement money na nakuha.. hinde ko dn po alam mga bank accounts ang daddy ko.. incase po ba na hinde namin alam
na mga anak nya ang account nya sa bangko my possibility po ba na sa mga kapatid nya mapunta un incase sila mgclaim at wala kaming knowledge mgkapatid dun sa existence nun? thanks po
good pm po regarding po sa mana ng mother k nakamatayan nya po eto nababanggit lang po eto samen o sa akin pero di po ganun ka detalye bago po sya mamatay my iniwan po sya saken sulat po ng atty regarding po sa share nya so ng nakabalik po ako sa pinas kinontak k po yun atty na ngpadala ng sulat sa mother ko . sinabi nga po na matagal ng my buyer yun property dun so patay n po mother k kya pinagagawa nya po ako na ibenebenta n namen yun share ng mother ko na sign up ng lhat ng anak at ipa notaryo pumunta po ako sa property sa butuan po so ok naman po lahat dun ang nagiging problema lang po ngayon ay bigla pong ng react yun eldest brother namen binypass dw po sya at bilang pg pirma po ang condition nya ay sya po ang kakatawan pra samen lahat ng pag aasikaso 3yrs na pong patay ang mother ko wala naman po silang ginagawa so napagkasunduan po sa butuan na ako na ang mg representative samen lahat napapirma ko na lahat pte na rin po yun mga anak ng namatay namen kapatid ang tanong po sir puede po bng i apply sa ganitong case ang majority wins hirap din po sa buhay ang mga kapatid ko at meron nga pong d nakapag enroll ngyon so malaking bagay po yun makukuha nilang share dito yun nga lng po ayaw pong pumirma nun eldest bro at 1 bro na brainwash nya 8 po kme yun 1 patay n 1 nsa US at yun youngest po nsa mental pa kailangan din po pra sa medication nya no choice na po kasi d rin po kme o ako papayag na sya ang mag representative dahil sa pgnanakaw nya saken so puede po bng majority wins pls po let me know po salamat po
hello po sana po matulungan niyo ako.. mayroon po ako lolo nagusto ipangalan samin iyong bahay lupa niya. wala po siya anak o asawa. mga pamankin na lang po. anak ng kapatid ni lolo na pumanaw na din ililipat po sana samin yun bahay. kaso di po kami umabot. nakasangla po kasi titulo at pinahiram po ng pinagsanglaan namin para lang malipat ngayon po ay wala na ang lolo namin. tinuring niya po kami parang tunay na anak at mga apo. kami po kasi mga favorite niya . ngayon po itatanong ko lang po kung mapapalayas ba kami sa bahay ng lolo ko. kahit nasa amin titulo tax declaration kami po ngababayad ng tax
at may inwan po sulat handwritting si lolo na nakalagay na saamin pinamana… nakatira po kami sa bahay na yun since 1998. sana po mabigyan niyo kasagutan salamat po
Hi po. Ask lang illegitimate po ang anak ko, ang father nya ay isang British kasal sa isang Pinay pro mtgal ng hindi nagsasama. Pwde po bang ang anak ko ang gawing tagapagmana sakaling gumawa ng last will and testament ang father nya? Wala po sila anak ng asawa nyang Pinay.
Thank you sana masagot po tanong ko.
Additional questions regarding wills:
1) Alam ko na hindi kailangan ang abogado sa holographic will, pero required ba iyan for notarized will?
2) May the executors if a will also be beneficiaries?
3) How many witnesses are required and do they require IDs, ctc number or tin listed on the will?
gumawa po ng last will ang mama ko, pero ginawa nya po ito buhay pa ang papa ko, valid po ba ito? and then kung ang will po ay nasa korte para mai probate, maari na po bang magalaw ang mga property ng namatay, gaya po ng pagpapatayo ng bagong straktura o extension ng buildings? contested po ang will.
Hi. Our father passed away on 2006 , and I am the only one who didn’t make it to the funeral , he died in the Philippnes nod I was living in the US.
Unfortunately there was a last will and testament done on 6th December 2006 , 7 days before he passed away, and it’s unfair will because one of my sister gets everything. Anyway, how would I know that this last wll and testament made few days before he died is real and not fake? And my mother is still alive now, can she change the will on her behalf?
And why my 3 sisters know about the will already and me and my other stars doesn’t know or seen this documents ? So is there something done incorrectly? How would I found out that this is not fake?
Thanks
I have a question..,
If the dead relative was able to state her last will to a certain person and was able to sign it, will be granted as valid Last Will & Testament?
Because based on our experience, my Aunt was able to state to whom and to where she wanted her properties to be given together with the funds that she has on her bank account. But my Aunt’s didn’t abide her wants when she passed away. They give it to their children instead of sharing it to us as to what she always wanted. Same with the funds in the bank, she divided every single cent of it to be given for specific person and organization, but we all found out that they distributed it to their own accounts. So, will I be able to follow up our rights for that? Hence, they have the copy of the will. I was signed by the owner, and their reason for saying it’s invalid is because there are no witnesses. so now all of her properties and bank account has been distributed according to their will and my Aunt’s will. Thank you.
HI,
may I ask what is Article 32 that SSS requires when you sell your house and lot that was already fully paid.
thank you.
Hello po,
ask lang po sana ako kung kailan nawawalan ng bisa ang will?, ano – ano po ang grounds para mawalan ng bisa ang isang will?, maari po bang mabago pa ang will kahit patay na ang testator?
Marami pa po akong katanungan, pero maaari pong paki sagot ng mga una kong katanungan.
Salamat po.
gusto po malaman kung valid po kaya yung pagka executrix ko dahil po ako po ang inilagay na executrix ng asawa ko , nakalagay di po duon na ” to my wife ruth pantinople dorado acree, i give the house and lot located in etc etc ..” kso po yung pong kasal namin invalid..ngayon po dahil invalid po yung kasal nmin pati po ba yung pagkaexecuterix ko invalid na din? at pati mana ko invalid na din?? sa america po yung bahay at lupa na mana ko sana kasi po amercano po asawa ko dito po kmi kasal sa pinas. pls help me po ksi namatay na nga po yung asawa ko ngayon po yung mga anak nya yun nga ang sabi wala nakong karapatan dahil invalid yung kasal namin. tulungan po sana nyo ako gusto ko malaman kung invalid na nga yung nakasulat sa last will and testament ng asawa ko.
Hello po! what if decedent left a deed of donation before he died. He died 25 years ago is it still valid for donation tax in the bir payment purposes? ..but his wife still living with 7 children his deed of donation had been notarized .
What if the last and will testament wasn’t followed and rejected by the persons left and made their own decision is it a crime?
Hi, Is there a way to know if my Dad made a Will? He died last July 31 in the Philippines and me & my sister (illigitimate children) were not able to go to his funeral in the Philippines because it was impossible for us to leave our jobs here in Spain. We do not have a very good relationship with our half siblilngs so we didn´t want to ask them. Here in Spain, there´s a government agency which handles the last Will of the deceased so you would know right away if you have an inheritance to claim. Please advise.
Is it legally valid to include a deceased person as one of the beneficiaries in the Last Will and Testament under the Philippine Law?
My four sisters, 3 older sisters and 1 youngest sister, made a Last Will and Testament for my oldest sister, who lives in Manila, 74 yrs old, singe/never been married, no children, who is physically disabled, cannot walk, and cannot read and see much anymore as her vision is already failing. My 4 sisters who made the Will for my disabled oldest sister intentionally excluded my name as one of the siblings/beneficiaries of my oldest sister/Testator in the Will. My sisters who made the Will and I had a dispute about it in the emails as we live apart – they live overseas – USA and Canada and I live in Australia. My sisters who did the Will gave me different alibis in regards to excluding me from the Will as one of the siblings/beneficiaries. I rang my oldest sister in Manila who is disabled and owner of the Will and told her about how my other sisters made her Will for her to sign. My oldest sister, the owner of the Will, did not agree to exclude me from her Will as one of the siblings/beneficiaries. She also told me that she could not read and see much anymore because her vision is already failing or partially blind. My other sister went back to Manila with the Will document for my oldest disabled sister to execute the Will.
Is it legally valid for my oldest disabled sister to sign her Will even if she could not read and see properly? If she signed the Will without knowing that my name is excluded as beneficiary in the Will as she could not read and see much anymore, would it invalidate the Will? Can I protest the Will in Probate proceedings after my sister’s demise or while she is still living, or do I have to file a separate court proceedings to protest the Will after my sister’s demise or while she is still living?
Hello po, paano po ba gumawa ng holographic will? May format pa bang sinusundan or kung anuman ang gusto mong sabihin? Pls. Pm nmn po me.
Equal rights po ba ang pagbigay ng property?
My Mom is from the Philippines and she has property there. She is now living in Canada and has become a Canadian citizen. She has a Canadian will in place. Will the Canadian will stand up in the Philippines?
HI,
need advise here.
just curious what will happen to all our properties in the philippines if my husband and i passed away with a holographic will left only.
I married to a Foreigner, we’ve been together 10 years now, and still have no children.
My husband have 4 foreign daughters from western ex-wife(divorced) theyre all grown up now. and one son from filipina live-in partner (not married) before me.
Sabi ng asawa ko gagawa daw kami ng holographic will. at di daw nya bibigyan ang 4 na anak nya na babae nanasa abroad living by themselves without parents since the were a kids (long story) in short not supported by father and mother. sabi nya ung batang lalaki lang daw ang bibigyan nya ng shares sa sides nya, at sa parents ko naman dito sa philippines ang bibigyan ko ng shares.
we have few condo units (all joint accounts), 1 big farm, and 2 house and lots in philippines. lahat nato dahil sa pagsisikap naming dalawa . our relationship started with no money, no asset. we both working together to get all these.
ang tanong ko po ay. wala po bang problema in the future kung gagawa kami ng holographic will, na walang shares ung apat na anak nya sa unang asawa. sa lalaki nmang anak nya may malaking lote naman po dito sa pinas na binili para daw sa kanya pag laki nya, they bought it before me.
so kailangan pa rin ba namin bigyan ng shares ang anak nyang lalaki?
all his children are living abroad.
thank you po sa time. looking forward for good advice.
Hi. Namatay tatay ko last February 2016, 7 kami magkakapatid at buhay pa nanay namin, 75 yrs old at may sakit. Pwede bang bagohin ng nanay ko ang will ni tatay sa grounds na unfair pagpamana? Nabasa kasi ng nanay ko at nakita niya na hindi fair dahil dalawa lang sa pito ang pinamanahan sa rason na mahirap yong dalawa.
Hi. I have a situation on-hand. I was an adopted son by my parents back in 1977, they had a biological son, my Kuya, he’s living in the US with his wife and 2 kids. When both of my parents passed away back in 1989 and 2004. 4 years after my brother died due to heart complication and I’m the one living decedent of the family. My mother has a property in Batangas, so kabilin-bilinan ng mother ko sa mga guardians ko which are my ( titas ) na bigyan ako ng 1/3 ng share sa property just by words, no written testament coming from my mother, now that property was already sold by my sister-in-law ( wife of my brother ) without my / our knowledge. My question is, will I be able to get a share of the property with or without a last will and testament from my parents? Can an adopted son is qualified since I’m part of the compulsory heirs of the family ?
I will await for your timely response. Thank you.
Good Day
,
Can same-sex couples in Philippines use last will and testament to claim belongings and children under the name of their deceased partner? (If yes, up to what extent? Of course there are rights couples may only earn upon marriage. And if no, why not?) Please elaborate your answer.
(This is for my thesis so it would be much appreciated if you cite a reliable source.)
Good day everyone, I need some legal advice on this:
My father, his two brothers(my uncles) & sister(my aunt) live in a compound (residential compound) owned by my grandfather.
In our compound there are 3 houses, one that is supposed to be given to my uncle(youngest), a duplex that is occupied by my aunt & other uncle, and one house that my dad occupies(which would be given to my aunt later on, since my lolo had a lot that was supposed to be given to my father to build his own house with when he can be able to afford to)
When my lola got sick, my lolo under the influence of my aunt was urged to sell the lot that was supposed to be for my father, so the lot was sold to another person, because of this, my father’s family had a family meeting. In their meeting my lolo promised to give the house that was supposed to be for my aunt to my father, but this was not done in contract.
Now my lola is gone and my lolo is getting sick (and is getting easily persuaded), my aunt tends to come to my lolo frequently, my fear is that my aunt could be influencing my lolo to make a Last Will & Testament that will give her the house my dad occupies since my dad has improved the house through the years we occupied it.
My question is, can my father contest the will (if there is any)?
I have a question? what are the legal steps to make a will that is also honored in the Philippines. I live here in States and have dual citizenship and have property in the Philippines.
Good afternoon!
Ask ko lang po . My aunt left a last will and testament for the proper dosposition of her real and personal properties to her six children. She has designated the youngest the executor of the will. Will they still be needing an extra judicial settlement documentsto transfer the titles of the real properties to their individual names or just ask the executor to probate the will in court for the purpose of transfer. Pls enlighten us on this. Thank you.
Lolo ko po ay isang mayaman na tao nag kahiwalay po sila ng lola ko matagal na panahon na ang nakaraan, yung mother ko at mga kapatid niya naiwan lahat sa lola ko mula nag hiwalay ang lolo at lola ko hangang ngayon wala na kami balita sa lolo ko gusto ko lang namin malaman kung may iniwan na pamana ang lolo ko sa mother ko at sa mga kapatid ng mother ko pano namin malalaman kung meron nga at kung saan kami pupunta ahensya salamat po
Hi, hopefully this article is still active and that you can give me some advice.
Situation:
My wife’s mother has passed and left a notarized will. In the will, her mother disinherited her spouse (father). Recently, the RTC, dismissed the probate of the will due to the following:
1. The notarized will was not signed on the left by the testator and the 3 witnesses (which is weird because this page is the last page where the testator and the witnesses signed at the end)
2. The testator failed to put a valid CEI. In defense, our atty. mentioned in the appeal that the testator is known to the notary. (The notary is the 1st cousin of the testator’s sister in law). “However, it is submitted that this should not be the case, since the notary is required to record in his notarial register the competent evidence of identity only if the signatory is not personally known to him (Rule VI Sec. 2 [6], Rules)”
2. There is a disinheritance of the spouse that automatically nulls the will (Really?, but the civil code allows disinheritance of the spouse).
The case is now in the Court of Appeals.
Question: Does the will have a chance to be put back to the RTC and have it probated?
Thank you.
Matagal napo ako na may boss na matandang dalaga. For almost 8 years napo kaming magkasama, sa hirap at mga sakit madami na kaming napagdaan sa buhay. Pero, nauwi ito sa pag mamahal ko sa kanya na tinuring ko ng isang tiyahin. Napahirap po ang wala napo syang mga compulsary heirs. 73 years old napo sya at babae. Wala napo syang ina at ama ito ay yumao napo at kapatid. Sya na lamang ang nag-iisang naiwan sa kanyang pamilya. At dahil dito halos ako na ang kanyang tinuring na pamilya. Ako po ang ang nag-papalago ng kanyang mga kabuhayan sa ngayun at bilang legal representative. Madalas po nya sa akin sinasabi na ikaw ang mag-mamana ng lahat ng itong aking mga ari-arian. Pero ako ay natatakot at madalas nababahala sa aking setwasyun. Sa kadahilanang meron po syang mga pinsan sa father side na first degree cousin na nag-hahabol sa kanyang mga ari-arian. Itatanong ko lang po AKO BA AY MAY KARAPATANG MAG_MANA SA KANYANG WILL NA TANGGAPIN LAHAT NG PROPERTY nya. PANO PO KUNG AKO AY EH CONTEST NG MGA PINSAN SA AMA.
Paanu po gumawa ng will may kasosyo po kami mag asawa s pag ahente po ng hardware matls. ang usapan namin dun share ng 3 katao ang total amount ng pera Kaso po malubha n sakit nya at gusto nya n ung parte nya ay s anak nya mauwi kasi mag naghahabol n kamag anak panu po gagawin s last will nya
Kailangan b ilagay din pangalan at pati amount ng sharing dun sa last will ng ka share namin kahit dun s anak iiwan ung parte nya lang
Hi good afternoon!
I got confused with this statement.. “If the disposition takes effect before his/her death, it is a donation and is governed by the formalities of and legal provisions on donations.” Thus this override the provision in computing estate taxes? As far as I remember this is called transfer in contemplation of death, so thus part of estate tax. The will may not be called “last will and testament”, but not in all cases that the legal provisions on donations will apply.
My dead parents executed a last joint will and testament in 1990. IT was opened in May 2017 when my father died. My mother passed away in 2008. The will was brought out due disagreement on division of inheritance. Both my parents emphasised to my sister n I that the will will be opened should there will be problems of dividing the inheritance if no problems the will need not be taken out. Unfortunately my brother contested our father’s car as to ownership hence the will appeared. Upon investigation we learned that it was not valid since it was a joint will. Are the wishes of parents be disregarded?
Hi good day. Tanong ko lang po kung halimbawa na hindi ako tunay na anak ng parents ko pero sa birth certificate ko po nkasign ang parents ko. Bale pnalabas po na galing tlga ako sa mommy ko am i legally adopted or not? Wala po akong adoption papers kase nga po pinalabas na anak tlg ako ng mommy ko.
Hi
Yung tita ko po byuda na nang mamatay. Bago mamatay sabi nya na nagpa gawa xa nang last will kaso hindi namin alam kung kaninong abogado nya po ito hinabilin. Paano po yun malalaman o mahahanap yun. Also, since yung tita ko po ay walang anak kanino po buh maiiwan ang property nya sa lola po buh namin (nanay nang tita q) o sa mga kapatid nya ( tito,tita at papa ko).
Thanks,
Hi,
I just want to ask what if my great grand parents had a lot of land somewhere in Visayas and they will almost all of it to just one of their children. On my great grand dads end of days they made him put his thumbmark on a document saying that his son will inherit 90% of their properties. Is it even legal to do that? does that even count?
Now that my grandma died and my relatives are confused how come she only has so little land.
Does a thumbmark on a dying day a legal way of disposing hundreds of hectares of land to just one son? and leaving so little to the other children?
thank you.
I have a question. Please answer me
I am an illegitimate child. My mom, half sister and step are in good terms. Now the issue here is I put up 3 units apartment on my mother’s land that she own before they get married. My question is if my mother die without any last will and testament. What will happen to the property I am building now? Thank you
Hi,
i need some help or legal advice po.
Namatay po kasi dad ng half sister ko and ang naiwan na pamana nya eh bahay at lupa. He died due to stroke and inalagaan siya nung last na naging kalive in nya pero wala silang anak and hindi sila kasal. May ginawang parang will yung kalive in nya na kasama yung half sis ko sa will na yun na napirmahan ng dad ni half sis pero hindi msyado clear dhil nga nastroke sya, maythumb mark pa sa paper. Now eh ang problema , after mamatay nung dad ni half sis , napagusapan nila na ibebenta yung bahay at lupa para hati sa pera then 1year ang lumipas eh biglang inaangkin nung last na nakalive in nya yung bahay at lupa at gusto nalang daw bgyan ng konting pera half sis ko which is na hndi ganun pinagusapan nila dati. ang tanong ko po eh pano po yung laban ng half sis ko sa pamana sa kanya ng dad nya and pano iverify if valid yung will or can it be voided and yung pamana ay mapunta sa legit child which is my half sis. Any opinion or answers will be much appreciated. Thanks po and godbless
May kaibigan po ako, may will of testament po na iniwan sa kanya ang mother nya. Nagiisang anak lang siya, sa kanya pinamana ng nanay nya through will ang bahay at lupa nila. Pero nasa Canada po ang friend ko. Inaatasan nya akong ako ang maglakad ng pag ttransfer ng property ng nanay nya to him. Wala siya kasing pinagkakatiwalaan kung hindi ako lang. papano ko po ba uumpisahan at ano po mga requirements pra malakad ko ang pagttransfer ng arian ng mother sa pangalan nya? Ano po ba ang dapat kong gawin?
Good day! I really hope that this is still active and someone could help me. My grandmother inherited a 1hectare land from her mother. She is already 83 years old. She is paralyzed. Seven out of her 9 children ang gusto mag-karoon ng parte sa nasabing lupa. Is it okay na ako, one of her grandchildren, ang sumulat ng holographic will niya? Salamat.
hi i just want to clarify , may property kasing naiwan ang great great grandpa ko ang may hawak ngaun sa property ay ang kapatid nang lolo ko, pero yong pangalan nang nasa mother tittle ay sa great great grandpa ko pa — sa ngayon may blance pa sa taxes ang binyaran lang nila ay ang current tax— sa ngayon, pinapalayas kami nang mga anak nang inampon nang kapatid ni lolo ko, daddy ko pala ay pamangkin nang may dala nang properties— may right paba ang papa ko sa property nayon? kasi yong mga 2nd degree cousin ko na anak nang apon nag kapatid ni lolo ay ngayoy naghari sa property — yong kapatid ni lolo aya walang anak so, si papa at yung apon ni lolo ay mag cousin pariho silang pamangkin—-may right paba kaming mga apo umapila sa propperty nato?
What will happen po if lahat ng witness sa Will ay namatay na po.? Paano to e reresolve ng court without witnesses?
Hi,
Ask ko lang po kung possible ba na makuha nung tao na nkalista sa will and testament yung lahat ng ari arian nung ngsulat ng will, including sss,life insurance.
Live in po kasi kame for 11years, married po sya pero matagal na po silang hiwalay ng asawa nya but not legally 17years na po sila hiwalay at wala ng komunikasyon, eh nung kumuha po kame ng insurance policy hndi po pwede ilagay na beneficiary ang live in partner kahit sa sss/philhealth, kaya po brother ang nilagay nya.
Question ko po eh kpg may last will and testament po sya na nkalagay na yung mga beneficiary nya sa insurance at sa sss eh irerevoked nya to claim at wlang karapatan at ako na live in partner nya ang may karapatan at maaaring mgclaim ng mga iyon. Pwede po ba yun at mahohonored po ba yun.
Salamat po
Hi, please I need answers po. Wala po kasi kaming enough money para mag konsulta sa attorney 🙁
Here’s the case, my grandmother (father’s side) just died recently. Ngayon nalaman po namin na kasali ang lola ko sa isang lending cooperative called Sacdeco. Ngayon ang nakalagay po noon sa beneficiary niya ay kami ng dad ko. Which was changed on year 2015. Pinalitan niya ito ng name ng sister nya, which is patay na dn po pero buhay pa noong 2015. At anak nung kapatid nya. ang prob po gusto po sana ma claim ng daddy ko yung pera para pang bayad sa funeral service ng lola ko pero nalaman lang namin after nung libing na napalitan ang beneficiary. So ang only hope nalang daw namin is yung pinsan ng dad ko. Kaso they are not in good terms. Wala na po bang chancce na makuha namin yon? kasi d rn po namin alam if paano nla napapirma lola ko. There’s a possibility na sapilitan diba? Wala na po ba kaming magagawa or other option para ma claim yun?
Thanks in advance for the response.
Need advice PO regrding last will. The testator is Australian, there’s an ex wife and claims it’s her land? What else left or what else the beneficiary gets since the deceased testator is a foreigner? Does the ex wife gets everything or and decide where all the others written in the will goes? Please help..
Hello, meron pong kasulatan ang nanay ko noon ana ipinagbili nya sa akin ang bahay at lupa sa halagang 100,000. Ito po ay may lagda niya, ng aking ama, dalawang witnesses at abogado. Ngunit ang kinatitirikan po ng bahay na ito ay kasama sa lupa ng aking ina na pumanaw na at ang akong mga kapatid ay nakatira doon. Isa po kaming compound, gusto ko po sanang mailipat sa akin ang titulo ng bahay at lupa na ipinamana sa akin ng aking ina. Ito po ba ay may laban, at posible po ba ang aking kagustuha. Na mahati ang titulo at mailipat sa akin ang pangalan ng bahay at lupa gayung patay na po ang aking ina. Maraming salamat po sa advice Godbless
I am married for 10 years and we decided to separate. walang annulment or divorce na ngyari. now meron na syang ibang kinakasama pero wala silang anak. If ever na gumawa akong ng holographic will para sa mga anak ko, pwede ko ba syang i disinherit? Waiting for your advice. Thank you