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last will

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1 last will on Fri Oct 16, 2015 12:37 pm

ichina


Arresto Menor
sir/madam,

good day, ask ko lang po kung ung last will from australia at ung beneficiary sa pilipininas.. wala po bang maging conflict. lahat nasa legal na proseso. May habol pa b ung anak ng testator. Thank you

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2 Re: last will on Fri Oct 16, 2015 1:13 pm

ichina


Arresto Menor
sana po makatanggap ako ng reply salamat

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3 Re: last will on Fri Oct 16, 2015 5:44 pm

Lunkan


Reclusion Perpetua
Do you mean some other possible hier question the will?

Is the decieded person Australian? Did he live in Australia in the end and are the assets in Australia?

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4 Re: last will on Sun Oct 18, 2015 3:13 pm

ichina


Arresto Menor
yes po sa australia sya nakatira and now hes dead. wala pong question sa will. ung mga anak po kung sakali maghabol may habol pa po ba cla? Salamat

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5 Re: last will on Sun Oct 18, 2015 5:58 pm

Lunkan


Reclusion Perpetua
My Filipino is bad,, so I'm not sure if I understood corect.
There is no will (?)
Is there any prenup contract ? (=Have you signed anything before marriage?) I mean if you are married Smile

I don't know anything about Australian law.
There are two common types.
A. Split direct (except let the widdow stay in the home until she die). Widdow get half plus a part of the rest.
B. Widdow keep the USE RIGHT of WHOLE until she dies. AFTER the wife die too, children to only the husband will get part as if the husband die at same time.

I don't know which Australia have.

Perhaps a prenup can make a difference.
I suppouse the case will be in Australia.
If it can be a proven LONG TIME relation, then I GUESS Australian law will give part to the woman anyway.


Whats the REASON it's questioned? Do you expect WHOLE?

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6 Re: last will on Sun Oct 18, 2015 9:19 pm

ichina


Arresto Menor
Actually shes not a wife a friend only of australian. Theres a will he made last 2010 and till now 2015 he not change his will. To the woman in the philippines.

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7 Re: last will on Sun Oct 18, 2015 10:20 pm

Lunkan


Reclusion Perpetua
I see.
In some countries several types of cases can be handled AT DISTANCE by each part answer by WRITING.
(I have been handling sure over 20 cases for others or myself and only 2 of them needed anyone to be in court in person.)
I don't know if it's possible to handle inheritance cases in Australian just by writing, but I GUESS so.

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8 Re: last will on Mon Oct 19, 2015 5:42 am

ichina


Arresto Menor
I ho:pe there will be no problem. The executor of the will no latest update. But on first week of oct. The woman sent tthe bank acct. Form for bank transfer. Till now no updates.

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9 Re: last will on Mon Oct 19, 2015 6:02 pm

Lunkan


Reclusion Perpetua
ichina wrote:I ho:pe there will be no problem. The executor of the will no latest update. But on first week of oct. The woman sent tthe bank acct. Form for bank transfer. Till now no updates.
Have you send a written document to the executor with your arguments and facts supporting you?
If not, tell the executor now you will send it,
and do it soon.
Or is the will so clear, so you can perhaps get it without you add anything?

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10 Re: last will on Mon Oct 26, 2015 12:32 pm

ichina


Arresto Menor
good day just online. the latest update is the property is settle today and supposed to be ready to send the money. But as i said before the kids of the deceased want to claim the estate. eventhough they are not the legal named beneficiary. The payment is hold now. That is really my question it could be possible not to claim the legal named, because of his kids? What is the essence of last will it will be happen? So worried.. hope is all be going to fine.

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11 Re: last will on Thu Oct 29, 2015 5:33 pm

ichina


Arresto Menor
gud pm the executor responsed he said the probate is granted coz it is legal document. but he said in australia if no money left to kidd in last wil it will make share is that so even in will says whole property will be given to the woman in the phil?

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12 Re: last will on Thu Oct 29, 2015 5:40 pm

ichina


Arresto Menor
do you think if they do a share fair i wll agree? still waiting the updates till end of nov. suppose to be the transfer is on last oct. 26 but hold coz of that matters

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13 Re: last will on Thu Oct 29, 2015 9:31 pm

Lunkan


Reclusion Perpetua
I don't know the inherit laws in Australia, but I believe and it seem so from what you write kids have a MINIMUM inherit right. Then can wills only give away THE REST of the dead person's part of assets.

Australian courts are fair to foreigners normaly - in difference from many Philippine courts Smile
So - if you have shown valid documents - you will probably get your SHARE. Does he have any assets in Australia so the kids can get their share from that? If so the court will probably give them their share from there, but if there aren't enough in Australia for their parts, the court will probably say they have right to a part of the Philippine property value. But they aren't allowed to own most types of property in Phils, which complicate things. Perhaps they will want you to pay the kids some to get the whole property for yourself.

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14 Re: last will on Fri Oct 30, 2015 9:27 am

ichina


Arresto Menor
yes teres a a copy of last will the executor sent here. it say in the whole property given to the woman. Thats the point if the australian law like that. Since in the beginning they say to the testator that is not the law so that the wil is gonna change it will say 1/2 to the woman 1/2 to his kids.

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15 Re: last will on Fri Oct 30, 2015 9:29 am

ichina


Arresto Menor
hopefully theres a good thing. they still in court for that matters.

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16 Re: last will on Fri Oct 30, 2015 6:34 pm

Lunkan


Reclusion Perpetua
ichina wrote:yes teres a a copy of last will the executor sent here. it say in the whole property given to the woman. Thats the point if the australian law like that. Since in the beginning they say to the testator that is not the law so that the wil is gonna change it will say 1/2 to the woman 1/2 to his kids.
Did whole house belong to the foreigner or did part belong to the Filipina?
If part, then the kids get only PART of the MAN'S part.

Don't the man have any MORE assets than the house?

Half of ALL assets belonging to the man is a common minimum share for kids in many countries.

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17 Re: last will on Sun Nov 22, 2015 1:43 pm

ichina


Arresto Menor
good day just online.. yes i guess there's an insurance for his kids. but still they want to share in last will. still waiting for the new updates till the end of november. Oh yes hopefully australia law is fair coz is really big help that estate. although they assure that probate is granted to his will coz is a legal document.

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18 Re: last will on Sun Nov 22, 2015 1:46 pm

ichina


Arresto Menor
yes the house is belong to the man in australia, no assets only that house and lot.. and the filipina doesn't a part too. the austalia man gave his house and lot to the woman in the philippines.

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19 Re: last will on Sun Nov 22, 2015 5:40 pm

Lunkan


Reclusion Perpetua
ichina wrote:yes the house is belong to the man in australia, no assets only that house and lot.. and the filipina doesn't a part too. the austalia man gave his house and lot to the woman in the philippines.
IF the Australian law is similar as in many "kano countries" then he CAN'T give away any of the MINIMUM part his children are entitled to, which I GUESS is half of the value of ALL assets. So when counting then the insurance pay is included too.

IF the insurance is worth SOME less than what they are entitled too, I would give them this SUGGESTION:
(Asuming the Filipina don't have any savings, so she can't pay direct, but she will EARN enough in the future.)
Tell if the Filipina is forced to sell the house, then it isn't sure there will be any buyer offering the while value... So offer a similar to rent-to-buy deal for the PART worth more than the insurance they will get. =Pay them some per month, until their part is paid.

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20 Re: last will on Wed Jan 27, 2016 1:45 pm

ichina


Arresto Menor
hello took so long to be online.. another problem comes about this matter... now i need to find a lawyer that familiar in australian law

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21 Re: last will on Wed Jan 27, 2016 1:48 pm

ichina


Arresto Menor
the property of the austalian man was sold.. no problem in that. The problem is his kids wants a share.. then the executor advise me to get a lawyer to settle this matter

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22 Re: last will on Wed Jan 27, 2016 7:11 pm

Lunkan


Reclusion Perpetua
ichina wrote:yes teres a a copy of last will the executor sent here. it say in the whole property given to the woman. Thats the point if the australian law like that. Since in the beginning they say to the testator that is not the law so that the wil is gonna change it will say 1/2 to the woman 1/2 to his kids.
I suppouse that's corect in Australia too. It's similar in the Philippines.

IF half belonged to the surviving spouse, when the dead was still alive, then the minimum to the kids is around 1/4 totaly.

IF nothing belonged to the surviving, then I BELIEVE the kids get AT LEAST half of the total assets.
ichina wrote: the property of the austalian man was sold.. no problem in that. The problem is his kids wants a share.. then the executor advise me to get a lawyer to settle this matter
Why do you find it unfair the kids get a part? Smile

If you can get an AGREEMENT with the kids, then this can be solved WITHOUT going to court.
If going to court then much time and money will be WASTED.

How big part do his children ask for?
If their claim is fair, it's rather easy solved making an agreement.
But make a signed document be included in the agreement, saying either side have right to question the agreement later.

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23 Re: last will on Wed Jan 27, 2016 7:52 pm

betchay001


Prision Mayor
Hello. You have been advised correctly, in that you need to get a lawyer familiar with Australian laws. I'm not sure if Australia has compulsory heirs, like here in the Philippines. The decedent's national laws (in this case, Australian laws) govern over Philippine laws, even if the property is here in the Philippines. Kindly look up a similar case, albeit in a different country (US). This may help you. Bellis v. Bellis, 1967.

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24 Re: last will on Wed Jan 27, 2016 11:26 pm

ichina


Arresto Menor
yes is ok with me to share and settle this matter. But kids wants 90 over 10 percent is it fair? eventough say it last will is whole given and bequeath in one person?

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25 Re: last will on Wed Jan 27, 2016 11:29 pm

ichina


Arresto Menor
Lunkan wrote:
ichina wrote:yes teres a a copy of last will the executor sent here. it say in the whole property given to the woman. Thats the point if the australian law like that. Since in the beginning they say to the testator that is not the law so that the wil is gonna change it will say 1/2 to the woman 1/2 to his kids.
I suppouse that's corect in Australia too. It's similar in the Philippines.

IF half belonged to the surviving spouse, when the dead was still alive, then the minimum to the kids is around 1/4 totaly.  

IF nothing belonged to the surviving, then I BELIEVE the kids get AT LEAST half of the total assets.
ichina wrote: the property of the austalian man was sold.. no problem in that. The problem is his kids wants a share.. then the executor advise me to get a lawyer to settle this matter
 Why do you find it unfair the kids get a part?   Smile

If you can get an AGREEMENT with the kids, then this can be solved WITHOUT going to court.
If going to court then  much time and money will be WASTED.

How big part do his children ask for?
If their claim is fair, it's rather easy solved making an agreement.
But make a signed document be included in the agreement, saying either side have right to question the agreement later.

They want 90 percent over 10 percent. And kids the one who sent to claim against state to the court. They filed and want that agreement. Is that fair?

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26 Re: last will Today at 5:58 pm

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