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US Last Will and Testament with Beneficiaries Residing Overseas

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NJPinoy


Arresto Menor
Hello,

What is the process of distribution of assets from a Last Will and Testament where the deceased is a US citizen, and the beneficiaries named in the will are in the Philippines?

What are the legal hurdles in the Philippines as the probate court in the US clears the estate and OKs it for distribution? Does the Philippine government require inheritence taxes owed for all beneficiaries? And if all beneficiaries agree to a change in distribution of assets (i.e., how assets are distributed, what portion is distributed, etc.) what type of proof is required? Will an affidavit stamped with the US Consulate seal be required?

Thanks in advance,
NJPinoy

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tsi ming choi


Reclusion Perpetua
NJPinoy wrote:Hello,
What is the process of distribution of assets from a Last Will and Testament where the deceased is a US citizen, and the beneficiaries named in the will are in the Philippines?

Under the civil code, testamentary dispostion of a will shall be governed by the national law of the decedent whose succession is under consideration.

In your case, it is clear that the decedent is a US citizen, thus, the process in distribution of assets from his Will shall be in ACCORDANCE with U.S. Law and NOT that of the Philippine law. An American lawyer is in a better position to explain the process of distribution.

NJPinoy wrote:
What are the legal hurdles in the Philippines as the probate court in the US clears the estate and OKs it for distribution?

The Philippine court will observed the U.S. Law on testamentary disposition of the Will, certainly, Philippine law will not apply.

NJPinoy wrote:
Does the Philippine government require inheritence taxes owed for all beneficiaries? And if all beneficiaries agree to a change in distribution of assets (i.e., how assets are distributed, what portion is distributed, etc.) what type of proof is required? Will an affidavit stamped with the US Consulate seal be required?

ONLY those property/ies of the decedent in the Philippines, prior to the distribution is/are subject to ESTATE tax not inheritance tax.

Assets or change of assets distribution shall be governed or will be distributed in accordance with the U.S. law. Certificates issued by the U.S. government after the distribution of assets are sufficient proof and as such will served as an additional evidence in distribution of property/ies here in the Philippines.

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