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

[Thomas]

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.

I talked about if the FILIPINA, living with a foreigner, die first.

If the property is in her name, no will and they aren't married, then I suppouse the foreigner get NOTHING,

but if they are married and she give max to the foreigner in a will, then the foreigner DON'T get whole, but most.

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.

NOT leasing from myself,

leasing from "anyone" ELSE.

It can even be the person, who wanted to SELL, but KEEP him as owner, get long time lease, combine with a loan with the property as collateral, so he can get the "selling money" DIRECT.  (Perhaps even have a paragraph with a buying option for a static price, so he don't get loan from OTHER and pay my loan back to get the value add himself, if it's much.)  

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.

Well.  I suppouse such can function too, but WHY need to TRUST ANYONE, when the FOREIGNER has the control in my solution   :)   only needing a long time lease to avoid possiblity to be forced away LEGALY in 25 + 25 years.  (Asumong the foreigner pay the (small) lease fee.)

[Mike S]

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.

 

And he or she (which ever survives) will only be allowed to receive half of all the money in the account with a death certificate .... the bank will hold the rest for the BIR ..... after the BIR is satisfied with their cut you can claim the rest (if there is any left) ..... if she dies before you you better make damn good a sure you have something put away somewhere so you can live on it until all the details get sorted out .... I understand that her kids can claim the bulk of any of her assets followed by her parents (if living) and next by you .... there is a procedure drawn up with what percentages each one is to receive ........ we have no property so I can't speculate on that ..... the family code on death and the division of goods is very strange even with a will drawn up and like everything here in the Philippines YOU are a foreigner and not necessarily the beneficiary of their laws .... you are only allowed to obey all of them

 

Just some of the stuff I have read about and questions I asked our bank manager .... don't leave yourself short ..... J keeps only enough money to keep our (excuse me .... her) accounts open plus one months living expenses ..... the rest is ahhhhh ..... ahhhhh else where ..... JMHO  

Edited May 11, 2015 by Mike S

[Thomas]

I understand that her kids can claim the bulk of any of her assets followed by her parents (if living) and next by you .... there is a procedure drawn up with what percentages each one is to receive ....

If you are married, then the foreigner get HIS half, plus SOME more. How much depend of how many kids she had, but to the foreigner it's max 25* % of HER part without will, and max 50 % of HER part WITH WILL. 

=If married and will giving max to the foreigner, he get 75 % of the TOTAL value.

 

*WITHOUT WILL the foreigner get same part as ONE of the kids, except if it's only one kid, then the foreigner get 25 % of wife's part.