Philippine Estate Laws

@PalawOne holy crap.  So you literally have no say. Out of curiosity, what is the courts cut of this.

One solution is to give things away before you die.  Don't know if Philippines allows joint ownership with right of survival, but that might be a consideration. 

@PalawOne holy crap. So you literally have no say. Out of curiosity, what is the courts cut of this.
-@laymanm65

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Haha yes Layman, that was my reaction also, holy crap! And sorry mate, can't answer your question. You and me now know exactly the same amount about Philippines estate management. And love your suggestion Mugteck if there's no legal problems in doing this for my dearest binibini wifey. Who knows? Wonder if my Aussie Will would be ok if I drop dead while in the Philippines? As it is now, she gets everything

Thinking about this, if we marry and die in the Philippines, would Philippine laws regarding our inheritance apply for non-citizen expats?

@PalawOne everything in US was sold or put in my daughters name.  Here would consist of a bank account that I keep fairly minimal monthly bills plus little extra.  So I’d be ok. I can’t bring myself to buy a house.  It’s insanely expensive here. $4-5000 per meter for land. I looked at a “house” recently. One bed, one restroom basically unfinished for P$1,500,000. 

Thinking about this, if we marry and die in the Philippines, would Philippine laws regarding our inheritance apply for non-citizen expats?
-@PalawOne

Who knows . . . .Rob a BDO bank and tell the judge doesn't the law doesn't apply to you because your an Expat.

Unrelated, my wife & I have living wills, especially important when you cannot make medical decisions for yourself.

Philippine law determines who your heirs are.

Philippine law defines the proportion of the estate that your heirs receive.

Yet he doesn't link or say what those laws are. Not as informative as I hoped

The Philippines is largely a civil law jurisdiction which follows the concept of legitimes or forced succession, reserving by law a fraction of the estate to certain compulsory heirs, thus limiting the ability of the testator to give away his properties in a will to anyone of his liking and deprive his heirs of their rightful share of his estate.

Generally, the compulsory heirs entitled to their share of the estate are the legitimate children, the spouse, the illegitimate children, and the parents of the deceased. Legitimate children get one half of the estate divided equally between them while the surviving spouse and/or illegitimate children get one half the share of a legitimate child. There are other complicated rules depending on which category or the number of surviving heirs.

https://www.hg.org/legal-articles/step-by-step-guide-to-inheriting-in-the-philippines-59129#:~:text=The%20Philippines%20is%20largely%20a%20civil%20law%20jurisdiction,heirs%20of%20their%20rightful%20share%20of%20his%20estate.

I truly don't get it. It is MY money, and I should have the right to give it to whomever I want!  In the case of foreigner with no Filipino children, then spouse gets it all, which is ok for me. As long as the in-laws don't have any rights...

@laymanm65 Depends where you look. In the city is crazy. Go to the country.  We have a house in Batangas.  I paid 1.5 million peso 600 square meters.  2 bedroom and bathroom.  Added a 3rd bedroom.  Walk in closet and bathroom.  Worth over 3 million peso now. No pollution. No noise.  Peaceful. 

Hello. Does the "legitimate" children include those from a previous marriage living in a foreign country ? With no children here, does the spouse get everything ?

regards  Bruce

We've all missed you Coach. We thought that perhaps you had been kidnapped and held hostage by hostile Palawan natives..

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@Filamretire If you land is properly titled with a signed bill of sale notarized by an attorney, Philippine inheritance laws will apply. People foolish enough to purchase by tax declaration will find that neither land ownership not succession applies to them. Believe it oe not, I have known expats to do this (land on the beach usually cost just a few $K US) and filipinos do it all the time. It's OK for a while until the real owners make their deed official (usually a plot on the mother title). They realize you have built a house there and can extort you or kick you off. That was a problems for hotels on Boracay.

@Enzyte Bob As stated by Larry Fisher

"Philippine law determines who your heirs are.

Philippine law defines the proportion of the estate that your heirs receive".

If you are married to a filipina she would be the first heir, after your wife it would be your children en other family members.

It is a normal procedure also in the Philipinnes to grant your wife this privilege and does not matter if you are expat or not.

I am in the same position and when I die my wife will heir all my belongings, properties and bank balances.

Hope this is answering your question. 

@Henk Jan Jansen I agree with all but you do not mention what happens to land ownership if the Filipina wife dies before you, an expat foreigner. Many of us are not in age gap relationships so you cannot assume that the bana dies first. I will.not get into that in this forum but there is a good answer which you must obtain from an attorney and, no, you as a foreignet cannot and will not be titled land ownership if the wife dies first. That is a fable that I often see mentioned on the forums.    You will have a very limited and special status called " beneficial owner".

@Enzyte Bob As stated by Larry Fisher
If you are married to a filipina she would be the first heir, after your wife it would be your children en other family members.
It is a normal procedure also in the Philipinnes to grant your wife this privilege and does not matter if you are expat or not.

I am in the same position and when I die my wife will heir all my belongings, properties and bank balances.

Hope this is answering your question.
-@Henk Jan Jansen

But if the one, who die first, has any biological or adopted child/children,

thats wrong   

Our loss

@coach53 I doubt that you know "how it is" because even the courts have given varying rulings and my Dumaguete attorney has given the one that stands up in our Regional Court. Alsi, a lot depends on ibdivisual circumstances and hiw the ritle is worded. All rulings attempt to balance marriage conjugal property rights with the Constitutional clause. An inheriting husband should not expect to ever see his name as owner on a land title here, nor should he expect greedy survivors in the family to be able to seize it if structured properly. I would recommend you google " beneficial owner" as it applies to Philippine law but I have done so and I believe that the complexities would overwhelm your English so, to be safe, see a good local attorney  if/when you are ever in such a position. In my case my attorney put the required wording in our wills as well.

@coach53 I doubt that you know "how it is" because even the courts have given varying rulings and my Dumaguete attorney has given the one that stands up in our Regional Court. Alsi, a lot depends on ibdivisual circumstances and hiw the ritle is worded. All rulings attempt to balance marriage conjugal property rights with the Constitutional clause. An inheriting husband should not expect to ever see his name as owner on a land title here, nor should he expect greedy survivors in the family to be able to seize it if structured properly. I would recommend you google " beneficial owner" as it applies to Philippine law but I have done so and I believe that the complexities would overwhelm your English so, to be safe, see a good local attorney if/when you are ever in such a position. In my case my attorney put the required wording in our wills as well.
-@danfinn

As I have said I dont want to tell how it is by admin action protect liars,

but here are two pieces:

Inheriting foreigner dont need to ever be at the title   

No need of will to make foreign husband to inherit the majority - or whole depending of situation - of a real estate when Filipina wife die first.

Law breaking siezeing relatives to the wife in an other question. That can be a reason to settle far from such   

Its scary how common it is Filipino lawyers are wrong, even screwing up big when they are hired to prevent problems, specialy concerning real estate and business.   Perhaps in other case types too but thats what I have noticed most errors within by thats the Philippine law sectors I have studied mainly.

Btw its just BS I wouldnt understand English enough. I am used to read and understand law texts and have studied Philippine laws - in English - several years.   Its much less hard to understand than write a not first language perfect...

Btw I have even written contract in English, which got approved by attorney and officials

@coach53 I doubt that you know "how it is" because even the courts have given varying rulings and my Dumaguete attorney has given the one that stands up in our Regional Court. Alsi, a lot depends on ibdivisual circumstances and hiw the ritle is worded. All rulings attempt to balance marriage conjugal property rights with the Constitutional clause. An inheriting husband should not expect to ever see his name as owner on a land title here, nor should he expect greedy survivors in the family to be able to seize it if structured properly. I would recommend you google " beneficial owner" as it applies to Philippine law but I have done so and I believe that the complexities would overwhelm your English so, to be safe, see a good local attorney if/when you are ever in such a position. In my case my attorney put the required wording in our wills as well.
-@danfinn
As I have said I dont want to tell how it is by admin action protect liars,
but here are two pieces:
Inheriting foreigner dont need to ever be at the title 
No need of will to make foreign husband to inherit the majority - or whole depending of situation - of a real estate when Filipina wife die first.

Law breaking siezeing relatives to the wife in an other question. That can be a reason to settle far from such 

Its scary how common it is Filipino lawyers are wrong, even screwing up big when they are hired to prevent problems, specialy concerning real estate and business.  Perhaps in other case types too but thats what I have noticed most errors within by thats the Philippine law sectors I have studied mainly.

Btw its just BS I wouldnt understand English enough. I am used to read and understand law texts and have studied Philippine laws - in English - several years.  Its much less hard to understand than write a not first language perfect...
Btw I have even written contract in English, which got approved by attorney and officials
-@coach53

Do you know what beneficial ownership is, which would explain to you why the title is not needed by the surviving expat spouse?

Coach, your English is fine to good enough and spell check works for me. I hear where you are coming from.

danfinn my understanding of beneficial law here in PH is that the husband/wife after the passing has 6 months (maybe longer) to sell the property and the cash is divided up between the husband/wife and consecutive heirs.

Perhaps I'm wrong but at the end of the day when I'm dead they can fight it out amongst themselves and learn to hate each other. I will care little.

OMO.

Cheers, Steve.

@bigpearl As I said, every situation is different. In my case should such a siruation occur, the land would go to my son after 6+ months who was born while she was still a Philippine citizen. Or we could choose to delay any title change until I pass because it is not mandatory that the title be up to date. As you know, Philippine law mandates the children are next in line to inherit land. As far as Coach's English, I agree with you "compleetely" 😂. Say what you want about the English language but one can totally mangle it up and it can still be at least partially understood by others, something not true of bisaya. I am now waiting for coach to disagree with your correct understanding of beneficial ownership, given that he knows all and could tell us if not for his personal problem with the admins.

Dan, it matters little, my, coaches or any ones interpretations of Filipino laws, all have credence after all it is an open forum with different knowledges, judges and opinions. We all try to cover our derrieres as best we can.

For those that don't have an asawa nor children? The laws are somewhat different.

OMO.

Cheers, Steve.

@bigpearl I know it matters little to you Palawan but you jumped in on the thread anyway. I was simply discussing the other part of the question as to what happens when a filipina spouse dies first, then coach inserted himself saying that he knows everything but cannot tell us, discarding the fact that others like myself have actual experience, and using the platform to diss the admins due to his personal issues with them. Then you come in, defending his absurdities. Yes,  you two have completely watered down what I had to say and messed up the thread. I have nothing more to say and will certainly think twice before adding another contribution.

Firstly, this post is about Philippines estate laws and I'm not defending other members nor your ego, already discussed thin skinned princesses. I'm not defending other members that you mentioned, that man is quite capable of defending himself.

The topic is "Philippine estate laws" and as an open forum we can all give opinions and experiences and while perhaps different to yours are still valid.

Attacking me and other members for opinions that disagree with yours has no place here, in fact my experience/s are very different to yours but no less credibility.

A tablespoon of cement might help or the HTFU cream I kept on one of my filing cabinets for the complaining workers.

@bigpearl Please do not comment on my posts anymore. I started off with a non-controversial, very on-topic comment and what you can see for yourself what one gets in return for trying to contribute.

All aside as per the OP's topic? If the fit hits the shan and ends up in a court with a judge? Could go either way with or against the law, precedents are set all the time.

OMO.

Cheers, Steve.

Hello all,

I think it's best if we can return to the original topic which is Philippine Estate Laws...

This is a public forum and let's refrain from causing any conflictual atmosphere

Cheers and have a wonderful week,

Yoginee

Expat.com team

@Yoginee

The week will be good when Manchester City beat Liverpool on Thursday.

Sorry could not resist

Hello all,

Kindly note that some off-topic posts have been removed.

This thread concerns "Philippine Estate Laws" and any personal remarks/grudges should be kept aside.

Thanks and happy holidays to all

Yoginee

Expat.com team

@Yoginee

Happy holidays to you also and the rest of the hard working Admin Team who do a fantastic job, similar to a football referee in some cases. Have a lovely Christmas and New Year.

*In a case though the background was the Filipino had add building into the foreigner's right of way so the foreigner couldnt get out with his car anymore. Then both sides said some bad words and the Fiipino made case against the foreigner about "lose face"...snip-@coach53Actually, "Right of Way" is a common issue in this country and bottom line is,  the law supports complusory right of way if voluntary (paid) is not agreed upon. It should be an easy court case, seehttps://www.cmslawph.com/news-publications/2020/12/20/the-law-on-easement-of-right-of-way. This is why we have barabgay roads that are owned by a private person bit easement must be given by the owner for access to "immovavle property" (homes).

off-topic from mod : Thank you Cherryann01 ! Best wishes to you and all wonderful members of the Philippines forum ! Merry Christmas and Happy New Year. Enjoy ! Hope you all have a great time ^^

Ofcourse, let us get bak to the topic now : Philippine Estate Laws

All the best,

Bhavna

Happy Festivus to one and all.

`

Maybe we should include Yoginee and Bhavna in our Last Will and Testament?

(Just don't have a stroke Coach)

*In a case though the background was the Filipino had add building into the foreigner's right of way so the foreigner couldnt get out with his car anymore. Then both sides said some bad words and the Fiipino made case against the foreigner about "lose face"...snip-@coach53Actually, "Right of Way" is a common issue in this country and bottom line is, the law supports complusory right of way if voluntary (paid) is not agreed upon. It should be an easy court case, seehttps://www.cmslawph.com/news-publications/2020/12/20/the-law-on-easement-of-right-of-way. This is why we have barabgay roads that are owned by a private person bit easement must be given by the owner for access to "immovavle property" (homes).
-@danfinn

You are doing same misstake over and over again, writing as I dont know!!!   

And in the case I wrote about - as I wrote the foreigner had right of way allready that route but the Filipino change built so it became to narrow to pass with car.

"Stroke, stroke, bail,  bail"  common USA nautical chant

And in the case I wrote about - as I wrote the foreigner had right of way allready that route but the Filipino change built so it became to narrow to pass with car.
-@coach53

Congratulations, it takes a few attempts but, eventually you are able to make your point understandable in plain English, as in the above quote.

`
Maybe we should include Yoginee and Bhavna in our Last Will and Testament?
(Just don't have a stroke Coach)
-@PalawOne

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What comment was the last?! Have you got infested by some others, who make BS comments repeetingly?

I have fought bullies and power abuse since I were small kid and mostly I am not even angry, just annoyed, so why would I get a stroke???
-@coach52.9

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PalawOne. . . . . . . . . coach52.9 has a persecution complex, even nice posts (very seldom) about him he misconstrues as an attack.

He won't be able to control himself and respond to my post . . . . When he does I will called a liar and bs'er.