I am looking for someone that can help with Wills and Estates

[CRgirl]

Hello,

 

I need some help please

 

My sons father, a British citizen but Philipine resident, recent passed away in the North of the Country. He was married to a local lady,

 

The widow says there is no Will and is spending money all over

 

I am given to understand that children are usually noted as beneficiaries there

 

My exhusband and his wife recently sold a property there for approximately US$250,000 and I believe, had other properties/monies there

 

My son (an adult) believes his father had made provision for him in his Will

 

I have no knowledge of probate etc in the Phillipines and would like some help please

 

If he died without a Will, what is the procedure usually and, is there some way to find out if he did in fact, leave a Will? And the contents of it?

 

My son feels very hurt, as he had been of great support to his father (and his father to him) through everything, and my son, who now lives in the US, has no way to verify anything the widow is telling him. My concern is that as he is so far away, the widow may believe shes entitled to everything and sharing it with her family and cutting our son (my ex husbands) only child, out of something he might be entitled to receive

 

Can you please help or point us in the right direction?

 

Thank you

 

Liz Guegan

[Jollygoodfellow]

11 minutes ago, CRgirl said:

My sons father, a British citizen but Philipine resident, recent passed away in the North of the Country. He was married to a local lady,

Might be a starting point to try to track down a will in the UK.

The widow will tell you anything but difficult to do anything about it.

Google says

Without a will: Siblings of the deceased (or their children) – 1/2 of the estate divided among them. Surviving legal spouse – 1/2 of the estate. Example: If the estate is 1M, the surviving legal spouse receives P500,000 and the siblings (or their children) are given the remaining P500,000 to be shared among them.8 Feb 2019

[Dave Hounddriver]

There are procedures that must be followed in the Philippines, even without a will.

I can only tell you what I would do personally.  First I would have the adult son obtain his birth certificate that names his father.  Then I would get a death certificate for the father (I found this site online https://twomonkeystravelgroup.com/how-to-get-psa-death-certificate/ and it seems to give good advice)

The next step would be to find out what assets his father had.  Once I had that I would contact an attorney to get his rightfull share.  There are legal provisions to ensure legal children get a portion of their father's assets but you would probably need a lawyer to get it.  Unless there is a lot of money then it is unlikely to be worth the trouble.  Keep in mind that foreigners cannot own land in the Philippines so any property he had would actually belong to his wife and not be a part of the will. So his wife would be the one selling the property and it would be her money

 

[Guy F.]

7 hours ago, Jollygoodfellow said:

Might be a starting point to try to track down a will in the UK.

The widow will tell you anything but difficult to do anything about it.

Google says

Without a will: Siblings of the deceased (or their children) – 1/2 of the estate divided among them. Surviving legal spouse – 1/2 of the estate. Example: If the estate is 1M, the surviving legal spouse receives P500,000 and the siblings (or their children) are given the remaining P500,000 to be shared among them.8 Feb 2019

This is how it is.

Foreigners are not allowed to own real estate so it's always in the spouse's name, except some condominiums. Not good news for you.

There is an excellent online library of Philippines laws. https://lawlibrary.chanrobles.com/

[Old55]

Liz, we know of a good Filipino attorney in Cebu he's not cheap but honest, connected in a good way and effective. PM me if you are interested.

[Joey G]

Even a will doesn't guarantee anything in the Philippines... and the system will string out anyone contesting survivorship rights for years... and it will cost plenty.  

The best (and maybe only) way to avoid these situations is give what you plan to before you pass... 

[Old55]

3 hours ago, Joey G said:

Even a will doesn't guarantee anything in the Philippines... and the system will string out anyone contesting survivorship rights for years... and it will cost plenty.  

The best (and maybe only) way to avoid these situations is give what you plan to before you pass... 

Excellent point Joey. 

[hk blues]

4 hours ago, Guy F. said:

 

Foreigners are not allowed to own real estate so it's always in the spouse's name, except some condominiums. Not good news for you.

 

The title deeds for our property actually show both my wife and myself on them, albeit the wife first.  That being said, it is true that foreigners cannot own land here.

[Freebie]

Sadly , and this offers no assistance to the lady who raised the question, the gent didnt make his son aware of what was what and where it was and hiw in the event of his death he could claim it.

 

Gents ,if you care about family members who might be in other countries but whom you wish to ensure are taken care of, then let them know where the important docs are that are relevant to them and ensure they know how to access them in case something untimely/untoward occurs to you.

Pass a copy of your will to a friend /relative either here in Phils or overseas and update whenever you update you "final instructions".

If assets in more than one country make one will just for Philippines and other for assets whereever they are.

List bank accounts, safety deposit boxes, title deeds, stock accounts. Assume a family member is going through your things for first time and looking for the docs they need in order to gain access to the items you said should be theirs. Make it easy for them.

 

This is a responsibility that you have to ensure your instructions are carried out as per your wishes and not that a wife, ex wife gf suddenly has a windfall and acts like its jackpot time as maybe the case here. 

 

I hope the lady who originally posted can get the help she needs. Lawyers need to be involved in her quest for help.

[GeoffH]

5 hours ago, hk blues said:

The title deeds for our property actually show both my wife and myself on them, albeit the wife first.  That being said, it is true that foreigners cannot own land here.

I read somewhere that a property (or portion of) can be left to a foreigner spouse but that it has to be disposed off within a certain time period.

Can't find the link now sorry...