# Wills?



## Manitoba (Jun 25, 2014)

Anyone know the general Philippine law regarding wills?

Are holographic wills valid? (written entirely in one’s own handwriting not witnessed.)

How would a Philippine will impact foreign holdings?

Would a will written in accordance with Canadian law, apply to assets held in the Philippines?

If someone on a long term resident visa died in the Philippines where would the will be probated?

Let’s assume for simplicity that there is no Philippine spouse or family and all the estate is left to foreign family and that the majority of the holdings are offshore to the Philippines.

Not looking for specific legal guidance just people's own experiences or second-hand knowledge in the area. ( I am looking to find out what questions I need to ask a lawyer in this area.)


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## pijoe (Jul 21, 2015)

The Philippines is part of the Hauge treaty, which has an impact on asset distribution in civil court. In other words a Canadian court could rule that you are owed money from the dissolution of a contract in Canada and you would be owed a portion of an asset help in the Philippines. A Canadian court could not enforce their judgement in the Philippines but could force equitable distribution in Canada only. So in the case of a divorce for example, the Canadian court could take into account real estate held in the Philippines and force one party to buy the other out. In Canada. Take that judgement to the Philippines and you could use it to start a fire, or wipe your bum at best.


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## bigpearl (Jan 24, 2016)

Manitoba said:


> Anyone know the general Philippine law regarding wills?
> 
> Are holographic wills valid? (written entirely in one’s own handwriting not witnessed.)
> 
> ...


Manitoba, late reply but if you care to look there is a plethora of relevant information on this subject, here and other sites, most grim so due diligence and an attorney you can trust but at the end of the day,,,,, as the wise state,,,,, how much are you prepared to lose?

Only speaking for Australian law but in a de facto relationship as we can't marry, my better half, in law is entitled/takes 50%. Married with no children same apparently, children could see you in the family court with a 60% plus settlement. On death the spouse generally gets the estate depending on the will and its validity given sound mind etc. In PH very different, watch where you put your P's and Q's. Research and then some given your circumstances.

If you have substantial holdings outside PH then your mouthpiece is the one you should be consulting. My and others opinions are based on personal experiences based on country of origin, assets held there, assets held in PH etc.

Condos are easy, buy one in your name. Making/bequeathing family in ones will given 2 countries, especially involving a 3rd world/developing nation with archaic views and administrations that are still corrupt as are the attorneys there leaves little choice. Buyer beware and as said what are you prepared to lose.

Holographic wills are legal from all I have read and researched for the Philippines, an official documented will carries the same weight or more but all can be contested, be careful how it is written to secure your wishes, the last thing we want as a dearly departed is for greedy so and so's to try to corrupt our wishes and cause grief for those recipients intended to receive. Sad but true. Research before you spend money on a mouthpiece as it will also save you dollars.

OMO and am probably wrong.

Cheers, Steve.


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## bidrod (Mar 31, 2015)

It is my understanding as far as the property in the Philippines if I died my wife would get the property. It is in her name anyway since foreigners cannot own land. Now should she die first(unlikely since she is much younger) her surviving parent plus the siblings all would be entitled to a portion of the property. If I am wrong please correct me with factual info not what you think or what your drinking buddy told you.

Chuck


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## fmartin_gila (May 15, 2011)

Go to "lawlibrary.chanrobles.com" website and click on the Philippine laws, statutes & codes dropdown menu, should find what you need. I'm sure that somewhere I have read there is a definite pecking order for the disbursement of property and we as foreigners are near the bottom of the list.

Fred


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## JShannon (Jan 28, 2014)

I'll throw in my 2 cents worth. We all know that any assets that are here will go to the spouse, only talking about my untimely demise not hers. Also we can't have two wills, one here and there.

The majority of my assets and investments are still in Canada and I am not interested in changing that as my rates of return are pretty good. I have a will there that has a couple of bequeaths to relatives then the rest of the estate to my Asawa. My executor has been instructed to liquidate the assets there and disburse it as instructed. 

I have not gotten legal advice, I better put that on my list for my next trip home, but there probably are tax implications on the estates funds, moving it out of the country.

IMO, if your assets are outside the PH and you want something to go to anybody outside of the PH then don't have a will here.

Having dealt with a few lawyers and the bureaucracy of the gov't here I think the purse would be somewhat lighter before your Asawa got what was intended for her.

Cheers


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## fmartin_gila (May 15, 2011)

JShannon said:


> Having dealt with a few lawyers and the bureaucracy of the gov't here I think the purse would be somewhat lighter before your Asawa got what was intended for her.
> 
> Cheers


So very well put.

Fred


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## JRB__NW (Apr 8, 2015)

JShannon said:


> I'll throw in my 2 cents worth. We all know that any assets that are here will go to the spouse, only talking about my untimely demise not hers. Also we can't have two wills, one here and there.
> 
> The majority of my assets and investments are still in Canada and I am not interested in changing that as my rates of return are pretty good. I have a will there that has a couple of bequeaths to relatives then the rest of the estate to my Asawa. My executor has been instructed to liquidate the assets there and disburse it as instructed.
> 
> ...


This is my situation as well. And I agree 100% with the strategy.


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