# Last will and testament



## bigpearl (Jan 24, 2016)

I am finally renewing my will after some 28 years, yes slack after being divorced for 13 years.
I will throw this over to the brains trust and those that have a similar situation.

Like most expats We hold property, superannuation and cash etc in our home countries then also invest little or much in the Philippines.
My lawyer advises me that my will in Queensland Australia is binding no matter the country as also others have mentioned but in the next breath say's I should seek legal advice from an attorney in PH. I will quiz further also on that as she omitted my wishes with regard to encumbered property, lease, buildings, vehicles and chattels and instead bequeathed everything in PH to my better half instead of including my holdings there as part of the estate.
Where do I stand at this level before I go back to the solicitor, what do you guys do? 

Remember I hold a lease notated on the title (encumbrance) as well as owning all buildings and improvements as per the original deed of sale. Only the land is in the better half's name.

Cheers, Steve.


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## Manitoba (Jun 25, 2014)

When I looked into it the advice I got was that you should either have two wills, one for each place, or to specifically include both countries in your will. I went with the one will specifically mentioning each place. They meet the technical requirements of both Canada and the Philippines

Mine transfers all cash and near cash holdings back home to go to my kids while all other property, basically my clothes, car and electronics will go to a friend here who was instrumental in helping me get settled here. (We also worked very closely for many years in a third country.)

My thinking was buddy would do a lot of the leg work clearing up stuff here and my chattel property here is not really worth sending home. The bank and other accounts will go to my kids.

I would quickly move to get your ex off of your will and include any present people in your life that you want to as soon as possible. There have been cases in Canada where a will stating to my wife "Ex", I leave everything but wife "Current" does not get anything.

If Aussie law is like Canada law a holographic will will be valid, just state in your own handwriting in simple English what you want done with your estate, at the least "Ex" an be cut out. Also include a statement that all previous wills are void.

I am an engineer not a lawyer so you should verify all advice from anonymous strangers on the internet with a trusted professional.


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## bigpearl (Jan 24, 2016)

Hear you Rick and I am only a plumber amongst other things, what I for the life of me cannot fathom is why this solicitor (attorney) decided to change my wishes based on QLD Aus law. It is my will and I instructed her accordingly. Two pages of text with my wishes that I thought long and hard about.

My sister/executor holds power of attorney as well as the original encumbered title, absolute bill of sale and a copy of the 25+25 year lease of our property in PH. I would have thought that that was part of my assets and divisible as per my will wishes, apparently not?
Will keep you posted after I speak to the mouth piece.

BTW good to hear you have someone you can trust implicitly.

Cheers, Steve.


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## Tiz (Jan 23, 2016)

Manitoba said:


> I would quickly move to get your ex off of your will and include any present people in your life that you want to as soon as possible. There have been cases in Canada where a will stating to my wife "Ex", I leave everything but wife "Current" does not get anything.
> 
> If Aussie law is like Canada law a holographic will will be valid, just state in your own handwriting in simple English what you want done with your estate, at the least "Ex" an be cut out. Also include a statement that all previous wills are void.


An Australian will becomes invalid the minute you marry or divorce. So if you die before you make a new will then its just as though you died without any will.

Holographic wills are not valid in Australia (yet).

I created a new will recently while i was back in Aus. I basically left everything that I own here in PH to my partner (which isn't really much.. maybe a couple of million pesos)

The bulk of my estate is invested in Aus. Its to be split 50/50 between my partner and my daughter.

The research I did came up with Philippines would honour my Australian will. I can't remember where I got that information now though.


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## JRB__NW (Apr 8, 2015)

Hi Steve, you really need to get that updated.. accidents happen friend : )

My will is in the US, where most of my assets are and a portion is left to my GF here, the rest to family and charities. The administrator of my estate (executor) will track her down and arrange payment. I have already put the car here in my GF's name and we rent so no other property. I would think you need a will here for the property here.

John


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## bigpearl (Jan 24, 2016)

JRB__NW said:


> Hi Steve, you really need to get that updated.. accidents happen friend : )
> 
> My will is in the US, where most of my assets are and a portion is left to my GF here, the rest to family and charities. The administrator of my estate (executor) will track her down and arrange payment. I have already put the car here in my GF's name and we rent so no other property. I would think you need a will here for the property here.
> 
> John


Thanks for your input John. Yes I finally got off my backside and in the process.

The situation is a little different I believe for us, firstly we are a same sex couple and not recognised (de facto) in PH but are in Oz. My better half cannot just assume ownership as the property is encumbered and needs to be released, in my passing my sister holds power of attorney to release the property or hold it and sell as she sees fit therefore it is part of my estate and needs to be noted in the will. OMO
Car and bike are in Bens name, our furniture and belongings there are his, our joint bank account holds little money as it will be frozen, most of our cash at bank is in his account for just that reason, he can still live if I pass on.
I have flicked off an email to the solicitor expressing yet again these wishes and will nut it out with her next week.

Cheers, Steve.


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## Tiz (Jan 23, 2016)

from here: https://lawyerphilippines.org/2018/03/06/philippine-inheritance-and-foreign-wills/

Can a foreign will be given effect in the Philippines?

A foreign will can be given legal effect here. This requires proving in court that the will was made in accordance with the formalities and law of the place where the testator resided or those of his country.

Additionally, a foreign will can be directly submitted for probate in a Philippine court. It does not need to be first probated in the foreign country.

A rule to the contrary would be fraught with impracticality.


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## Tiz (Jan 23, 2016)

> This requires proving in court that the will was made in accordance with the formalities and law of the place where the testator resided or those of his country.


 Not sure what would be involved in this though...


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