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Deed of Donation Inquiry

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1 Deed of Donation Inquiry on Fri May 06, 2011 10:36 pm


Arresto Menor
Good Day!

I just want to ask, are there differences between a Deed of Donation and a Donation Causa Mortis? Can we just proclaim a Donation as Causa Mortis? Lastly, may I know the process in filing a Deed of Donation? What are the things we need to remember before and after we file one?


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2 Donation Mortis Causa on Fri May 06, 2011 11:47 pm

Donation Mortis causa is instituted by the DOnor to the donee during his lifetime. It would only have the force and effect upon the demise of the donor.

On normal circumstances, this procedure is instituted by the donor to insure legality that donee or legal heirs will be given their respective properties. The donor should sign the donation mortis causa infront of three (3) witnesses and this is specific "during the signing" otherwise the donation will be rendered defective. WHy is this so, the probate court will ask the witnesses if indeed the donor really signed the donation in his own freewill to protect the donor from coercion and or under duress at the time of his signing.

After signing have it notarized and a copy should be given to the notary public for future reference.

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3 Re: Deed of Donation Inquiry on Wed May 11, 2011 6:19 pm


Arresto Menor
Does it require that the deed need to be signed by the donor in front of the lawyer? Since she finds it difficult to go to places due to old age.

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