Free Legal Advice Philippines

Disclaimer: This web site is designed for general information only and does not create attorney-client relationship. Persons accessing this site are encouraged to seek independent counsel for legal advice regarding their individual legal issues.

Log in

I forgot my password




You are not connected. Please login or register

Question on Heir inheritance in Last Will

View previous topic View next topic Go down  Message [Page 1 of 1]

1 Question on Heir inheritance in Last Will on Mon Jun 15, 2015 10:04 am

vincentg


Arresto Menor
I am married with one child and I am drafting a last will (holographic). I have no land propety. Me and my spouce both have joint and individual bank accounts.

I've seen sample templates online.

My question is about defining what the heir gets. I am thingking of doing either of these two:

1) Disproportionate division of my personal assets (I want more to be transferred to our child)

or 2) Give 100% of my assests to our child and just ommit my spouse in the will. (after all isn't the child the primary heir).

Something like "to my child I give 100% of my assets"

Do I need to specify what those assets are like my bank account numbers or not required anymore?

I havn't consulted any attorney for this since I am planning to make a holographic will for now.

Do I need to define an executor in a holographic will?

Hope anyone can give some help Smile

View user profile

2 Re: Question on Heir inheritance in Last Will on Mon Jun 15, 2015 1:13 pm

raheemerick


Reclusion Perpetua
some tips sir Smile

A Last Will and Testament allows you to communicate your wishes and make things easier for the people you care about. Creating a Last Will and Testament as a part of your estate plan will ensure all you leave behind---including the care of your children---will be taken care of according to your wishes.

Use a Last Will and Testament if:
•You'd like your property, including Digital Assets, distributed according to your wishes after your death.
•You'd like to list the people or organizations that will receive your property after your death.
•You'd like to list the person or group who will carry out the terms of the Last Will.
•You'd like to name who's responsible for minor children if their other parent is unable to take care of them.

may napanood ako movie before..

even plato at pinggan is listed kung kanino mapupunta.. Smile

its a comedy film but kung iisipin is very helpful and clear ang last will nya. even laman ng refrigirator:)

i also search difrent templates ng last will.

may ilang detalyado and listed ang bawat bagay at kung kanino mapupunta, may ilan namng very simple lng.

sa last will kasi maari mong ilahad every wish na meron ka hndi lng sa usaping material o yaman na maiiwan.

raheemerick name q. bka po mag kamali ng spelling? hahaha..

joke Smile

View user profile

3 Re: Question on Heir inheritance in Last Will on Mon Jun 15, 2015 9:35 pm

LandOwner12


Reclusion Perpetua
sa last will po,
kung mauna kayong magpaalam sa misis nyo, eh sya ay lihitimong heir, together with ur child,,
mali po na ang child lamang, 2 po cla,,
kung wala sa last will ang misis, pwede po nyang icontest eto, kasi meron syang right bilang asawa,
yong eh kahit hindi congugal property,,,

mas maganda, eh bigyan nyo kahit konti, pero kung di nabanggit, pwedeng mapawalang bisa ang will,
pwede nyo ring disown ang wife, pero madugong processo ang pag-disown sa heir(asawa),,
pwede nyo legal separation, then lahat pupunta ke anak, kung sya ang guilty side,,

goodluck sir,,,

View user profile

4 Re: Question on Heir inheritance in Last Will on Mon Jun 15, 2015 11:15 pm

vincentg


Arresto Menor
thanks raheemerick and LandOwner12.

how much yung "bigyan ng kahit konti"? is it in % of asset or is something like 5,000 pesos pwede na? For me giving a little is fine just to avoid problems in the will.

Some of my savings I already placed in a UITF-life insurance package with my child as the sole beneficiary and wife the guardian. Kung umabot na daw ng legal age bale wala na yung guardian?

So ang main concern ko sa will is the bank savings which I want my child to get most if not all.



View user profile

5 Re: Question on Heir inheritance in Last Will on Tue Jun 16, 2015 5:32 pm

vincentg


Arresto Menor
vincentg wrote:thanks raheemerick and LandOwner12.

how much yung "bigyan ng kahit konti"? is it in % of asset or is something like 5,000 pesos pwede na? For me giving a little is fine just to avoid problems in the will.

Some of my savings I already placed in a UITF-life insurance package with my child as the sole beneficiary and wife the guardian. Kung umabot na daw ng legal age bale wala na yung guardian?

So ang main concern ko sa will is the bank savings which I want my child to get most if not all.



up ko lang

View user profile

6 Re: Question on Heir inheritance in Last Will on Tue Jun 16, 2015 6:35 pm

centro


Reclusion Perpetua
Just to provide this perspective on the right of the spouse and the children to inheritance.
Legitime entitles the wife to properties left by the spouse's demise. Legal basis is "Article 887 of the New Civil Code of the Philippines expressly recognizes a spouse as a compulsory heir of the testator, and pursuant to Article 904 of the said law, the testator cannot deprive his or her compulsory heir of the said legitime," except in cases expressly specified by law. Cases specified for the disinheritance of legitme are stated in Article 921.

Without this disinheritance and even without including her as heir in the last will and testament, the legally married wife can contest the non inclusion.

As to the per cent sharing, it appears to be arbitrary.

View user profile

7 Re: Question on Heir inheritance in Last Will on Tue Jun 16, 2015 9:39 pm

LandOwner12


Reclusion Perpetua
Pwede nating sabihing 90/10, anak/asawa.. sa will,
then explain kung bakit ganon ang sharing
pwedeng gift...eto eh yong sa exclusive property lang,
kung sa conjugal property, entitled ang wife sa 1/2,,

View user profile

8 Re: Question on Heir inheritance in Last Will on Wed Jun 17, 2015 10:37 am

vincentg


Arresto Menor
Ah ok. Better pala na ilagay ang reason para sa hatian. Valid reasons ba yung intented for education (while studying),for emergency use or to pursue his dreams and aspirations

Pwede ko ba papirmahan ang asawa ng document (if ever she agrees) na lahat ng saving ko, ang magiging sole beneficiary ay anak? And if ever pumayag, dapat bang notarized or pwede na handwritten and signed by both?

If I have cash (paper bills) stored in the house, safe, or security deposit box, yun ba pwede ko sabihin 100% sa anak and walang chance to be contested?

Hindi kasi marunong humaway ng pera asawa ko eh. Gastos ng gastos as if there is no tomorrow.



View user profile

9 Re: Question on Heir inheritance in Last Will on Wed Jun 17, 2015 9:24 pm

LandOwner12


Reclusion Perpetua
pwede lahat na naisip mo,
mas maganda notarized,,
goodluck..

View user profile

Sponsored content


View previous topic View next topic Back to top  Message [Page 1 of 1]

Permissions in this forum:
You cannot reply to topics in this forum