Succession & Estate Law in the Philippines

[Jollygoodfellow]

28 minutes ago, gerrysanders said:

Are you saying to send jrlee a private message? I don't understand what you mean by  "Best to contact him yourself"?

I thought I was replying using the quote button to jrlee.

Just keep asking questions here as thats how we we all learn 

 

[Gator]

16 hours ago, Jack Peterson said:

Just want to say Thank you for the time you spend on this, each day and new answers bring up new/re-emerging questions for us 

I second that - thanks as well! 

Estate planning and wills are something many of us think about, but don't always act on or keep up to date with. Thanks for bringing this topic to the forefront. Perhaps you might just save some us - or our heirs - a lot of aggravation in their time of grief. 

[Old55]

2 hours ago, gerrysanders said:

Thanks. But I don't see where in his message this is mentioned?

Are you saying to send jrlee a private message? I don't understand what you mean by  "Best to contact him yourself"?

I thought I was replying using the quote button to jrlee.

Sorry I wasn't very clear. ( I'm known for that!)

It's fine to ask questions here that is what the Forum is all about. You don't do anything wrong. 

In Jamie's first message he stated that he's willing to work with folks one on one. I was suggesting you could contact him in that regard. 

[jrlee183]

4 hours ago, gerrysanders said:

I'm sorry but would you please add some clarity  to th e bold italics above. I'm trying to envision what it means.

By the way, I am so pleased to stumble upon your posts regarding this topic. Very informative and insightful.

My Pleasure

 It basically means that if your filipina spouse passes away without a will (i.e. dies intestate) then this is the only circumstance in which a foreigner can acquire land in the Philippines. 

However, your spouse cannot bequeath land to you in her will. 

[JJReyes]

Illegitimate (those born outside of a legal marriage) children are entitled to receive one-half of the inheritance due to legitimate children. What complicates matters is the BIR may demand that notices be published to determine if there are any such children in the community who can make a claim. The good news is DNA testing now discourages non-supported claims.

[jrlee183]

9 minutes ago, JJReyes said:

Illegitimate (those born outside of a legal marriage) children are entitled to receive one-half of the inheritance due to legitimate children. What complicates matters is the BIR may demand that notices be published to determine if there are any such children in the community who can make a claim. The good news is DNA testing now discourages non-supported claims.

Yes, but in the case of succession there needs to be a distinction between legal father and biological father.   My understanding is this:

Lets say, Mr A gets Miss B pregnant.  Mr A finds out and wont get married to Miss B.  Before the child is born Miss B meets Mr C and marries her.  Once married the child is born and Mr C can assume paternal rights by signing his name on the birth certificate and the child is then born as legitimate.  As far as the law is concerned Mr C is the legal father of the child.    The biological father has no legal rights over the child and vice versa.

Of course if there is no Mr C involved then the child would be born illegitimate, and the only way the child can prove Mr A is his father by way of DNA is with a court order during Mr A's lifetime (assuming he denies paternity of the child).   The courts will tend to work of what is documented on paper and only order a DNA test as a last resort e.g. if Mr A had signed the childs birth certificate then he is the legal father of an illegitimate child.  If there is no father detailed on the birth certificate then a public document stating him as the father, or a hand written document admitting he is the father would prove the same.  In the absense of these then DNA as the only way to prove it, but only if the court allows it.   And this has to be done during the lifetime of the father.

As far as I am aware, the only way to prove filation after death is with signed documentation by the illegitimate father.   The courts will not allow DNA testing after death.

[Steve GCC]

I think during my next visit need to make an appointment along with the wife and get a Will drawn up each!!!!

[jrlee183]

1 hour ago, Steve GCC said:

I think during my next visit need to make an appointment along with the wife and get a Will drawn up each!!!!

Steve, you dont need to make an appointment with a lawyer or anything like that.  I go into this in more detail in the webinar, but a 'Holographic Will' will suffice.  You can do this yourself without a lawyer.  Very easy. 

[intrepid]

2 hours ago, Steve GCC said:

I think during my next visit need to make an appointment along with the wife and get a Will drawn up each!!!!

From all the information above it seems in some cases the first step is to decide if it is a good idea to even have a will.  At least where real property is owned maybe its a good idea for the wife not to have a will.

[JJReyes]

My children will inherit without our estate having to pay federal and state taxes. The banks, stock brokerage companies, etc. have paperwork so that within 3 days after presentation of death certificates, everything transfers to them. The lawyers informed me that the only problem is property ownership in the Philippines. Sold one during my last trip and trying to sell another that is jointly owned with my brothers and sisters. 

One issue for us is the possibility of a road accident since we travel 365 days a year. During the past three years, we have done over 90,000 miles on America's highways. Speeds range from 55 to 85 miles per hour. Highway patrol officers won't ticket unless you are more than 10 miles over the speed limit. The reason is motorists could question the accuracy of their radar gun.  I stick to the speed limit, but worry about irresponsible motorists.