# Last Will and Testament



## JShannon (Jan 28, 2014)

Happy Sunday,

This has been a question since I got married here last year to a Filipina. I keep the majority of my money back in Canada bringing some over to cover monthly expenses.

Do you have a will here or back in your home country? I am not sure how to proceed. If I had a will here would they be able to access my accounts in Canada for my spouse to get the money or is it better to have my will back home leaving the money to her in case I kick the bucket.

I know that all assets are "common property" here so she is supposed to get all of my estate.

Since I am still a Canadian resident I am inclined to have my will back home. 

Your thoughts?

Thanks


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## pakawala (Sep 10, 2014)

For Americans, our Manila Embassy has a link Legal Assistance/Lawyers | Manila, Philippines - Embassy of the United States to a list of Lawyers who can provide guidance on the current The U.S. /Phil treaty as it applies to vice-versa, recognition of wills, the amount of inheritance tax, etc.

It depends on The Canadian/Phil Treaty. Suggest you contact your Canadian Embassy and ask if they have a list of Attorneys to help you. If not, perhaps one of the attorneys listed on the U.S. Embassy link may be able to help you.


(For Americans)
FAQ's about a Last Will and Testament
_Q: What if I move to another country? 

A: If you move to another country, the "full faith and credit" clause of the U.S. Constitution won't do you much good because other countries don't have to honor it. However, the United States has treaties with many different countries that will allow Wills made in the United States to be honored in those other countries. Likewise, a Will validly made in a foreign country that has a treaty with the United States will be honored in the United States.
_

_Still, it is always a good idea to check with local counsel whenever you move from one country to another. Even if your Last Will and Testament is honored in your new country, you can bet there will be some differences in the local laws.
_


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## JimnNila143 (Jul 23, 2013)

I think it would be best for you to keep up your bank account in Canada and to also maintain your account here in the Philippines. Set up with your Canadian account a monthly payment to be directly depos9ted/posted in the Philippine account. Should you ever become fully disabled and not be able to handle your own affairs, write out an affidavit stating your full name and complete physical address in the Philippines your medical condition, and give your wife Power of Attorney. She will be the one to withdraw the funds. $2,000CAN a month is a very good amount to live on here. Make sure you also set this up with the Canadian SSS


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## JimnNila143 (Jul 23, 2013)

*Wills*



pakawala said:


> For Americans, our Manila Embassy has a link Legal Assistance/Lawyers | Manila, Philippines - Embassy of the United States to a list of Lawyers who can provide guidance on the current The U.S. /Phil treaty as it applies to vice-versa, recognition of wills, the amount of inheritance tax, etc.
> 
> It depends on The Canadian/Phil Treaty. Suggest you contact your Canadian Embassy and ask if they have a list of Attorneys to help you. If not, perhaps one of the attorneys listed on the U.S. Embassy link may be able to help you.
> 
> ...


Any WILL CREATED AND USED IN THE Philippines has to be written by a local attorney.


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## pakawala (Sep 10, 2014)

JimnNila143 said:


> I think it would be best for you to keep up your bank account in Canada and to also maintain your account here in the Philippines. Set up with your Canadian account a monthly payment to be directly depos9ted/posted in the Philippine account. Should you ever become fully disabled and not be able to handle your own affairs, write out an affidavit stating your full name and complete physical address in the Philippines your medical condition, and give your wife Power of Attorney. She will be the one to withdraw the funds. $2,000CAN a month is a very good amount to live on here. Make sure you also set this up with the Canadian SSS


He's asking about a Will & if he kicks the bucket, not what if he becomes disabled. 

An option he can discuss with an Attorney that I've heard others do with Wills from their Country is designate the PI wife/GF to receive the funds wired to her PI Bank Account. It is the appointed Attorney/Executer of the will who ensures the funds get wired to the PI wife upon execution of the will. But it's always best to discuss everything with Attorneys in both Countries before writing the Will. 

I was an appointed as an Executor of a Will for an Expat here in the past. Never will I agree to do it again. The wife came to me as the Executor of his will but we discovered he gave his Kabit all the money in both his PI & U.S. Banks that were listed in his Will before he died. I later found out there are severe legal issues for the Executor if they do not "Execute" the terms of the will here. 




JimnNila143 said:


> Any WILL CREATED AND USED IN THE Philippines has to be written by a local attorney.


One can "write" their own Will here. We did & it saved us the high cost of them writing it. The Attorney only needs to properly Notarize it.


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## Tukaram (Dec 18, 2014)

My will (and all my money) is in the US. My kids have instructions to send my wife 1/3 of the money (what little there is). My 2 kids and my wife are supposed to share it equally.... I think they will do it.


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## JShannon (Jan 28, 2014)

Thanks for the input guys, I think I will stick with having a Cdn will and have the Executor disburse the money as directed to my Asawa here.

I have dealt with a couple of Attorneys here, not regarding a Will, and I am not too excited with the way they handle things. It would be a nightmare for the will to be executed from here.

Thanks


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## fmartin_gila (May 15, 2011)

JShannon said:


> I have dealt with a couple of Attorneys here, not regarding a Will, and I am not too excited with the way they handle things. It would be a nightmare for the will to be executed from here.
> 
> Thanks


Now that almost qualifies as the statement of the years. My wife's nephew does some legworkfor one of the local attorney's here and I am much less than impressed by what I've seen.

Fred


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## Palawenio (Mar 4, 2014)

Wills bother me. It could be scary. It could be the start of a hellish fight for some. Seen it happen more than once. The attorneys ended up getting very large proceeds from the estate in terms of fees. It gets a lot more complicated when 2 countries are involved.

I'll keep it simple.. Buy all the things I need - and want - while I'm still alive. 
Enjoy my possessions. 
What remains - if any - of my funds, I'll give directly to the mother of my child when I get older-weaker-sicklier-closer-to my death-bed - sort of thing. Problem solved.

I just need to keep my radar up and do a good job of staying healthy. 
Can't do much anyways about the silent-sudden killers - stroke, cardiac arrest, heart failure, violent endings.


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## Asian Spirit (Mar 1, 2010)

Palawenio said:


> Wills bother me. It could be scary. It could be the start of a hellish fight for some. Seen it happen more than once. The attorneys ended up getting very large proceeds from the estate in terms of fees. It gets a lot more complicated when 2 countries are involved.
> 
> I'll keep it simple.. Buy all the things I need - and want - while I'm still alive.
> Enjoy my possessions.
> ...


Good thinking considering where we are especially. My wife and I have been married over 12 years living here in the islands. She has had full access and equal control of all of our funds and banks accounts since day one. When I take my last breath it will be one less problem my wife and children will have..


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## Tukaram (Dec 18, 2014)

It is really easy here. Since we can't own property the house will most likely be in her name already. Get a local life insurance policy with her as beneficiary. Keep some money in a joint account. 

If you have family in the old country, leave an account there with your kids, or whoever, as a beneficiary. I really don't have enough to even need a will. I own nothing - and it is nice


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## Palawenio (Mar 4, 2014)

Jet Lag said:


> Good thinking considering where we are especially. My wife and I have been married over 12 years living here in the islands. She has had full access and equal control of all of our funds and banks accounts since day one. When I take my last breath it will be one less problem my wife and children will have..


Then we are two very lucky men who found the ideal mate in this Pacific Isle. 
:cheer2:


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