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Waived Inheritance question

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1 Waived Inheritance question on Sun Sep 17, 2017 11:05 pm


Arresto Menor
Good evening, I would like to seek insights on our current situation.

My father in law died recently inestate which left his estate to my mother in law, my wife and her siblings. One of the properties was a conjugal parcel of land. My wife and her siblings plan to execute an extrajudicial settlement to waive their rights to the said land so that to give full ownership to my mother in law.

My question is if that my in law gets full rights after the waiver, will my wife and her sisters be entitled to inherit the said land if (God forbid) my mother in law passes away? Is there any law preventing children from entitlment for any estate they waived previously?

Please help, any answer would be appreciate. Thank you.

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2 Re: Waived Inheritance question on Tue Sep 19, 2017 12:59 pm


Reclusion Temporal
Yes, your wife and her siblings shall be entitled to the entire estate of their mother because they remain to be the compulsory heirs of their mother. I am not aware of any law which prevent such inheritance, but assuming there is one, still they can inherit the the at least one half of the whole property/ies or that part which they did not waive before. what was settled before was only the properties of the father which consists of one-half of the entire estate of both parents.

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3 Re: Waived Inheritance question on Tue Sep 19, 2017 8:55 pm


Arresto Menor
Thank you for the response Smile

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4 Re: Waived Inheritance question on Fri Nov 17, 2017 10:28 pm


Reclusion Perpetua
Your mother remains to be an heir, so she will inherit. Not necessarily the portion/s that she waived, but she will inherit in her own right as an heir from your mother-in-law's estate. You may read this, I hope this helps you understand how succession works.

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5 Re: Waived Inheritance question on Thu Dec 14, 2017 5:38 am


Reclusion Perpetua
Hello po,

As a general rule, rights can be waived.

There are exceptions however, and this is one of them. One cannot waive future inheritance, especially if there are creditors that may be prejudiced.

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