Succession & Estate Law in the Philippines

[bigpearl]

2 hours ago, mogo51 said:

Hi Steve,

Yes that was how I believed it to be and all the information on this discussion, seems to enforce that.  Viz why there are so many stories in Phils and indeed Thailand of westerners being 'screwed'. *Screwed we are but with a country and people that we love/wish to retire to, we make it work, through immigration, property ownership, the trials are no different to Thailand, Vietnam or Laos, we are westerners and have very limited rights as you are well aware. You want to live in the states? (US) there are plenty of rules there too.  

From what I can see, buying a condo is indeed the alternative, but I seem to remember some discussion that also can have difficulties relating to ownership? *Many discussions on this topic, while ideal to some, not for me, possibly you, I like my patch and the land, though not 50 odd acres when I retire I don't want a 200M2 block dealing with crap all the time, condo's have their place and while many that live in that situation are happy and secure as I have done, absolutely not my choice now. Where's my garden? You mentioned other posts, Condo's/owenership, you will be the minority, 40% stakeholder with a small voice. Others here have correctly mentioned that most/all condo's have a use by date. If you go down this path then buy under 10 years old and after that? Kiss it goodbye.

The condos that I have seen advertised (mainly around Manila, Angeles etc) seem to be too small and too expensive, I have not looked at the corporate fees but imagine they are up there also? *Additional costs? who wants body corp fees, where we (us plebeians) have no say, I know where you are looking to settle Ron and there are extremely limited choices in those areas unless you consider Thunderbird etc.

Where we are headed, there does not seem to be a great variety of choices in that area?  But I assume the same problems would apply there? *See above, am sure you have looked at the prices.

As many of the members seem to be asserting, rental might have to be embraced as the only alternative.  Which of course goes against everything I have strived for in my life.  the other of course, is taking the plunge and putting a house in partner's name, but against everything I have ever been taught? *Groan, Yes that's what we tend to do but also try to ensure our longevity and prosperity once accomplished. Renting is perfect,,,,,,,if you find the perfect property/situation. Aside from that create build yourself. 

Ron, see above suggestions from a lesser informed man than yourself, others I am sure will throw their 2 bobs worth in as we all do. You and your lovely lady are moving to an area/province where there are no condos, while yes some gated communities, look first, very boring and tiny land holdings and poor infrastructure, security? What security, though gates and guard houses have to date never been challenged while wandering into/gawking at these communities (San Fernando City). Manila and surrounds very different. Spend your 3 or 6 months looking wisely in your chosen area, rent is good.

Cheers, Steve.

Edited May 23, 2017 by bigpearl

[Dave Hounddriver]

8 hours ago, Jack Peterson said:

Not if you are legally Married, It passes to you for your Lifetime then it goes to the Estate for heirs

Now that is confusing me.  I thought that with all the mandatory inheritance laws and the laws where foreigners cannot own land that it only passes to the husband when there are no other mandatory heirs?  Am I confused again?

I mean lets put the shoe on the other foot,  Say I get married to some sweet young thing and take her home to Canada whereupon I spend "my children's future inheritance" on a house for the young wife.  Do you think my children are not gonna kick up a fuss when I die about what is "rightfully theirs" and what my wife gets to keep according to the law?

I know it happened to a friend in Australia.  When he died, his grown kids contested his will by saying his filipina wife is only entitled to half of what their dad owned, (whether he was alive or dead by Australian law), so now he is dead they get the other half.  Last I heard they were winning that fight but I do not know the end result.

[Jack Peterson]

5 minutes ago, Dave Hounddriver said:

Am I confused again?

I tend to think we all are as it never seems clear but when I wrote to Jamie it seemed that the Statement was correct, it passes to us for our Lifetime, we can't sell it or will it

[intrepid]

5 hours ago, mogo51 said:

the other of course, is taking the plunge and putting a house in partner's name, but against everything I have ever been taught?

And that is what many of us have done,...and hoping for the best!Hoping I say.

[mogo51]

18 minutes ago, intrepid said:

And that is what many of us have done,...and hoping for the best!Hoping I say.

As much as I love my SO, it is a big step and I agonise over it regularly.

 

[intrepid]

1 minute ago, mogo51 said:

As much as I love my SO, it is a big step and I agonise over it regularly.

 

I think in some aspects being married is just as agonizing in making this decision.  You can think of all the "what ifs" you want and drive yourself crazy but in the end, you still have to take a step.

[mogo51]

I think this topic has raised the awareness and pitfalls we all face to a new level.  I am sure many of us, I am one, were not aware of these additional pitfalls we can face.  We are all deeply indebted to our very learned fellow member for his time and effort.

 

 

 

[mogo51]

3 hours ago, bigpearl said:

Ron, see above suggestions from a lesser informed man than yourself, others I am sure will throw their 2 bobs worth in as we all do. You and your lovely lady are moving to an area/province where there are no condos, while yes some gated communities, look first, very boring and tiny land holdings and poor infrastructure, security? What security, though gates and guard houses have to date never been challenged while wandering into/gawking at these communities (San Fernando City). Manila and surrounds very different. Spend your 3 or 6 months looking wisely in your chosen area, rent is good.

Cheers, Steve.

Thanks Steve.

Some very valid points you make, many which I have considered, but it still does not unfog the thoughts that we all have when we are considering this path.

As you say, sooner or later we have to make the decision to put the toe in the water or not!

It seems to me Steve that you are far more on top of the legal situation in Phils, I really had not given it proper attention until entering this topic. Just glossed over it and absorbed bits and pieces.  

[bigpearl]

1 hour ago, Dave Hounddriver said:

Now that is confusing me.  I thought that with all the mandatory inheritance laws and the laws where foreigners cannot own land that it only passes to the husband when there are no other mandatory heirs?  Am I confused again?

I mean lets put the shoe on the other foot,  Say I get married to some sweet young thing and take her home to Canada whereupon I spend "my children's future inheritance" on a house for the young wife.  Do you think my children are not gonna kick up a fuss when I die about what is "rightfully theirs" and what my wife gets to keep according to the law?

I know it happened to a friend in Australia.  When he died, his grown kids contested his will by saying his filipina wife is only entitled to half of what their dad owned, (whether he was alive or dead by Australian law), so now he is dead they get the other half.  Last I heard they were winning that fight but I do not know the end result.

Australia, Canada, England different, Filipino law is very inclusive and exclusive to say the least. Fight it you may but as said if you are a Kano the odds are stacked against.

Cheers, Steve.

[bigpearl]

50 minutes ago, mogo51 said:

As much as I love my SO, it is a big step and I agonise over it regularly.

 

Don't kill yourself mate, from experience,,,,,,,,,,,,, cheaper in Asian countries if you plan and suit your needs/aspirations. Hmmm, perhaps another thread another time.

Cheers, Steve.