Inheritance Laws In The Phills For Ex Pats With Local Partners / Wives

[insite]

Perhaps this issue is discussed on some thread which presently  I have yet uncovered - I would be surprised if not.

 

If so could I request a link.

 

If not could we initiate a discussion in this regard ? 

[Thomas]

Any kids?

Do you mean without will?

[scott h]

Hi Insite can you be a bit more specific? You leaving things to those you leave behind? Your spouse from her parents and possible conflicts from relatives?

 

As a general comment having seen my wife inherit and me making a will on who gets my dirty socks when I make my exit its not all that different from what I am used to in the states

[mogo51]

As I am unable to marry my s.o. when we get to Phils, I will be able to make a will leaving everything to her?

Is that correct?

[Thomas]

If someone want to read much details, here are some.  I don't remember if it was there I did read about SPLIT rules, and I don't want to read through all that again   :)     but I have some in my memory about the spliting if there are (grown up) kids involved, so I can count if someone have a detailed example.

   

http://www.chanrobles.com/civilcodeofthephilippinesbook3.htm

(If no one want to demand a gift back from close before the death to get it treated as inheritance instead, you can jump to Chapter IV.)

 

http://www.bir.gov.ph/index.php/tax-information/estate-tax.html

Edit:  The inheritance tax table became a mess when I copied it here, but you can see it under this link.

Edited May 8, 2015 by Thomas

[Dave Hounddriver]

I don't want to read through all that again

 

I totally agree.  There are some cut and dried rules like leave her the furniture in your will and so long as no one has a lien on it she will get it.  But even then there may be problems if Tom, Dick, or Harry drop by to say you borrowed money on that furniture.  If we even get started on inheriting the land if 'she' dies first then this thread will be miles long.

 

As the older male is likely to die first it is a good idea to see a lawyer to write a will.  The most important reason is the money in the bank.  The bank will not want to give the surviing partner any money until they see the death certificate and will for a start.  Death certificate and no will means big problems.

[RBM]

 

I don't want to read through all that again

 

I totally agree.  There are some cut and dried rules like leave her the furniture in your will and so long as no one has a lien on it she will get it.  But even then there may be problems if Tom, Dick, or Harry drop by to say you borrowed money on that furniture.  If we even get started on inheriting the land if 'she' dies first then this thread will be miles long.

 

As the older male is likely to die first it is a good idea to see a lawyer to write a will.  The most important reason is the money in the bank.  The bank will not want to give the surviing partner any money until they see the death certificate and will for a start.  Death certificate and no will means big problems.

 

Yes could be a minefield but worse would be...Leave all to your wife, partner and after a bit all the relatives gather around.....say no more..... years of hard earned sweat and tears can go in moments. 

[Thomas]

If we even get started on inheriting the land if 'she' dies first then this thread will be miles long.

Two solution types:

A/  IF she don't have any relatives with inheritance position where they have RIGHTS to get a part (as her kids have)

make a will telling you will get the land, plus have your name at the land documents too when she is alive too.  Then you will inherit it, but will have to sell it within (3 ?)  months.  Then you can sell it to someone, who AGREE to you get as long time lease.

B/  Or long time lease the land in YOUR name. Lease contracts follow the LAND UNDEPENDING of if it get new owner.

 

With a long time lease you don't own the land, but you have the use control right.  

If you want EXTRA control, you can LEND money to the official land owner, with the land as NOTED collateral (and a paragraph telling you have right to decide buyer for a STATIC price (or plus inflation).

[Thomas]

I HAPPENED to find more about this, when I looked for OTHER law texts   :mocking:

 

NOTE!   There is a NEW Family Code Law regulating things concerning inheritance.

I haven't found the compleete law, but here are some cut into pieces

http://czbh.cba.pl/3248.html

plus see the links from there.

 

 

LOOK UP!  If the Filipina die before you.

If you are married, then you have right to HALF by marriage (if there isn't any special exception done e g by "prenup")

PLUS you get PART of the rest.  Even if there are no kids, other relatives to her will inherit a part. Depending of situation, but it can be half of the rest,

or they inherit WHOLE if you aren't married, or you get a part by will.

Depending of situation, but a rather common situation is 1/4 can be MOVED to you by HER WILL.

 

So you better make her write a will favoring you, AND MARRY HER   :)   so you get MOST, but you CAN'T get WHOLE if she has any other family.

 

But as I wrote in an earlier post, you can get the WHOLE CONTROL by LEASE contract in your name.  Then you lose it when you die, but I suppouse we don't bother much then    :)

[i am bob]

I HAPPENED to find more about this, when I looked for OTHER law texts   :mocking:

 

NOTE!   There is a NEW Family Code Law regulating things concerning inheritance.

I haven't found the compleete law, but here are some cut into pieces

http://czbh.cba.pl/3248.html

plus see the links from there.

 

 

LOOK UP!  If the Filipina die before you.

If you are married, then you have right to HALF by marriage (if there isn't any special exception done e g by "prenup")

PLUS you get PART of the rest.  Even if there are no kids, other relatives to her will inherit a part. Depending of situation, but it can be half of the rest,

or they inherit WHOLE if you aren't married, or you get a part by will.

Depending of situation, but a rather common situation is 1/4 can be MOVED to you by HER WILL.

 

So you better make her write a will favoring you, AND MARRY HER   :)   so you get MOST, but you CAN'T get WHOLE if she has any other family.

 

But as I wrote in an earlier post, you can get the WHOLE CONTROL by LEASE contract in your name.  Then you lose it when you die, but I suppouse we don't bother much then    :)

 

Thomas, I believe what you quoted deals with a Filipino couple who are not married but live together, the person that passed away is the Title Holder of the property, has other family members who could inherit the property due to their lineage and there is NO will...  This is to protect her from losing everything due to the lack of a marriage certificate.  

 

Unfortunately, leasing property back to yourself is not allowed either...  It has to be 2 different bodies...  Now if a corporation owned the land and leased it back to you, that is allowable BUT you won't be a majority owner of the corporation and, should the corporation fail, the land will be lost to you again.  

 

Make your spouse's will for the land to a trusted family member and then stipulate the lease is to be applied upon death of your spouse.  Have both the will and the lease stipulate that the lease is effective on the date your spouse passes away, have it pre-signed by both parties, witnessed and notarized by an attorney.  Copies to be kept by yourself and your attorney.  In some municipalities, the Land Registration office will keep a copy for you on file to avoid any other parties trying to claim the land.  And ensure that you have your spouses Will specify that, should the family member to receive the land pass away before or at the same time as she does, the land will revert to another trusted family member...  Of course, a second lease should be prepared the same way as the first...  This will also prevent any other family members trying to fight for the land.