Succession & Estate Law in the Philippines

[Steve GCC]

Thanks Jaime for a very informative session today.  I will send you an email later with some details if you dont mind a little more help

Thanks again and when in Dubai let me know, would be great to chew the cud over a beer or two if you have time

 

Steve

[bigpearl]

15 hours ago, jrlee183 said:

Thanks to everyone who attended the Webinar.  Feel free to keep the questions coming here and am happy to answer them.

Jamie

Thanks very much Jamie for sharing your knowledge and time not only on the Webinar but also on this forum. Definitely a lot to take in that's for sure and plenty of things to think about, it was difficult to grasp the logic with some of the Filipino laws relating to ones demise so I may also flick you a private msg relating our situation and see what you think and which path you recommend  if that's ok.

Again thanks for your teachings.

Cheers, Steve.

[jrlee183]

14 hours ago, intrepid said:

Thank you Jamie for taking your time to do this for us.  You are a great source of information on this subject and gives us a lot to think about.  In my case I now have the information I'll need when talking to a lawyer.

You are most welcome

11 hours ago, Jack Peterson said:

 Hmmmmmm Unfortunately although I joined I was in Town all day with the car service and Shopping, my apologies, I guess I missed out? 

Unfortunately yes, but there will be another opportunity in the future

6 hours ago, Steve GCC said:

Thanks Jaime for a very informative session today.  I will send you an email later with some details if you dont mind a little more help

Thanks again and when in Dubai let me know, would be great to chew the cud over a beer or two if you have time

 

Steve

No Worries Steve.  Feel free to email or PM.  Will be in your neck of the woods second week of May.  Would be great to catch up.

 

1 hour ago, bigpearl said:

Thanks very much Jamie for sharing your knowledge and time not only on the Webinar but also on this forum. Definitely a lot to take in that's for sure and plenty of things to think about, it was difficult to grasp the logic with some of the Filipino laws relating to ones demise so I may also flick you a private msg relating our situation and see what you think and which path you recommend  if that's ok.

Again thanks for your teachings.

Cheers, Steve.

My pleasure, and please do. 

[mogo51]

Thank you JR for starting this very important topic.  It is making me rethink what I must do to ensure my SO is ok once I check out.

I won't be in Phils permanently for another 3 months, but would most certainly like to 'sign up' for a seminar when I am there.

Your input is most appreciated and will be very helpful for all members, I am sure.

[sonjack2847]

On 4/10/2017 at 7:03 PM, jrlee183 said:

 

Unfortunately, if you have a will it has to follow the Legitime (Forced Heirship) of the philippines.  You cant leave 100% of your estate to your daughter unless she is the sole compulsory heir.  In your case it sounds like you are married with one legitimate child.  Your daughter is entitled to 50% of your/your wifes estate.  You, as her spouse, are entitled to 25% of the estate (excluding the land, unless in the case of intestate succession), and the parents the remaining 25%.    Regardless of what a will says, this is how the estate will be divided.

 

What happens if my wife`s parents are dead.Does the inheritance go to her Sibs?

[jrlee183]

On 26/04/2017 at 8:00 AM, mogo51 said:

Thank you JR for starting this very important topic.  It is making me rethink what I must do to ensure my SO is ok once I check out.

I won't be in Phils permanently for another 3 months, but would most certainly like to 'sign up' for a seminar when I am there.

Your input is most appreciated and will be very helpful for all members, I am sure.

No problem.  If I do another one I will let everyone know

 

2 hours ago, sonjack2847 said:

What happens if my wife`s parents are dead.Does the inheritance go to her Sibs?

As you are married and sssuming you have no children (you dont mention any), then you are entitled to 50% of the estate if she has a will.  The balance would be the free portion which she can leave to anyone she likes, including you and/or her siblings.  If she doesnt have a will then you are entitled to 100% of the estate. 

[virginprune]

We are not married yet but when we are the scenario is my wife's parents are dead and she has one son, aged 18 now, so I imagine 100% will go to him. I could not access the webinar, is that like a conference call on Skype? I have fairly poor intermittent internet connection here, so unlikely to be able to access one. A pity as it appears that it was very helpful info wise.

[jrlee183]

2 minutes ago, virginprune said:

We are not married yet but when we are the scenario is my wife's parents are dead and she has one son, aged 18 now, so I imagine 100% will go to him. I could not access the webinar, is that like a conference call on Skype? I have fairly poor intermittent internet connection here, so unlikely to be able to access one. A pity as it appears that it was very helpful info wise.

 Ok, so as you are not married then you would not be considered a 'compulsory heir'.   Is her son legitimate or illegitimate?  This makes a difference if you do eventually get married, however for the moment if she were to make a will then she could leave it all to her son, as siblings are not considered compulsory heirs. However If no will, then it could potentially be split between her son and he siblings (in the case of intestate succession, siblings are entitled to the same share that the parents would have received).

[virginprune]

2 minutes ago, jrlee183 said:

 Ok, so as you are not married then you would not be considered a 'compulsory heir'.   Is her son legitimate or illegitimate?  This makes a difference if you do eventually get married, however for the moment if she were to make a will then she could leave it all to her son, as siblings are not considered compulsory heirs. However If no will, then it could potentially be split between her son and he siblings (in the case of intestate succession, siblings are entitled to the same share that the parents would have received).

Her son is illegitimate, she has 2 siblings, a brother and sister. I understand at this time, still unmarried, that I am entitled to nothing but marriage is on the horizon. Best case scenario is that I die first, which considering our age difference is the most likely.

[sonjack2847]

1 hour ago, jrlee183 said:

No problem.  If I do another one I will let everyone know

 

As you are married and sssuming you have no children (you dont mention any), then you are entitled to 50% of the estate if she has a will.  The balance would be the free portion which she can leave to anyone she likes, including you and/or her siblings.  If she doesnt have a will then you are entitled to 100% of the estate. 

We have 1 daughter.