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Last Will and Testament

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1 Last Will and Testament on Tue Mar 29, 2011 1:26 pm

milloy36


Arresto Menor
I am American and my wife Filipino. We were married in the US and after 9 years we moved to the Philippines.
Is our Will that we legally made in the US, valid here in the Philippines?

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2 Re: Last Will and Testament on Tue Mar 29, 2011 4:11 pm

attyLLL


moderator
a joint will is not valid in the philippines. it will void as to your wife.


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3 Re: Last Will and Testament on Tue Mar 29, 2011 5:15 pm

milloy36


Arresto Menor
Thank you for your reply. We have separate Wills leaving our estate to each other to the remaining spouse. Is that Legal? Thank you

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4 Re: Last Will and Testament on Tue Mar 29, 2011 8:49 pm

attyLLL


moderator
in the philippines, succession is allowed even without wills. if your wife died, and you do not have children and both her parents have died, you become the owner of the entire conjugal property automatically. in such a situation, it would be better not to have a will so you don't have to have it probated in court, and instead issue a simpler extra-judicial settlement of estate.

however, if you predecease her, the law of your state of residence in the united states will apply.

another possible remedy for you is a survivorship agreement, that whoever survives longer becomes the owner of all the other's properties. it has been upheld by the philippine supreme court.


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5 Re: Last Will and Testament on Tue Mar 12, 2013 2:39 pm

milloy36


Arresto Menor
Hello, I understand about the automatic transfer from husband to wife for properties, when one dies before the other. Is there a way for me to add my two
Nieces to recieve an amount that I suggest to leave for them?
Thank you

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6 Re: Last Will and Testament on Tue Mar 12, 2013 3:57 pm

ibonidarna


Reclusion Perpetua
Then you would have to prepare your will. Better consult a lawyer so that you could determine what is the maximum amount that you could freely dispose to leave to your nieces.

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7 Re: Last Will and Testament on Tue Mar 12, 2013 5:04 pm

attyLLL


moderator
i agree. it is possible, but it will depend on the law on succession of your residence.


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8 Re: Last Will and Testament on Tue Mar 19, 2013 10:07 pm

milloy36


Arresto Menor
1 more question. I'm American, wife Filipino. We had a will made in the USA and then decided to move here for retirement.I know the US will has no value here. If we die at the same time say in an auto crash who will recieve the estate? She has a younger brother and sister. We have no children. I have family in US.
Thank you
R.A.C.

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9 Re: Last Will and Testament on Wed Mar 20, 2013 9:46 pm

attyLLL


moderator
as to your share of the conjugal properties, it is not correct to say that US law will not apply, but someone would have to file a petition and prove what your residence law states. if there is none, then then it is presumed to be the same as PH law.




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10 Re: Last Will and Testament on Sun Mar 24, 2013 1:11 pm

milloy36


Arresto Menor
Thank you. Our US will specifies the distribution to both our families if we die at the same time. If the US will is voided by a court here, will my wife's brother become the sole heir? As he will be the oldest of the two remaining in her family. That would be fine by me. Thank you

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11 Re: Last Will and Testament on Mon Mar 25, 2013 7:11 pm

attyLLL


moderator
under PH law, if her parents are already dead and you do not have children, then it will go to her siblings.


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12 Re: Last Will and Testament Today at 8:11 pm

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