Making a Will, Inheritance by foreign spouse

I expect this has been covered may times but I was unable to find anything when I did some searches.

I am marred to a Filipino national, I am British. My wife owns a house in The Philippines and the plot on which it is built. It was purchased with money transferred by me from my bank in UK.



When my wife makes a Will, how can she ensure that her assets in Philippines go to me?



Can she make a Will in Spain which will have effect in Philippines or should she make the Will in Philippines ?

I don't think she can. I believe foreigners can't own houses there.

I am aware that foreigners cannot own land. So how can one circumnavigate that potential problem is my question?

I'm sure that one of the boys that live in the Philippines like @Markham can answer that for you.

Im sure i read that children of filipino wife/husband entitlement comes before a foreign husband/wife. I must admit it was a few years ago when i read that so just going off my somewhat deteriorating memory here.

You can't circumvent the Philippine Inheritance Laws I'm afraid. You' are best advised to bite your lip and write-off that money as a gift. Should she pre-decease you, you will not necessarily be ruled-out of any inheritance but you should be aware that her parents and her siblings and any children will take preference. You should also be aware that where there's a Will there's a Family and people you've never met before will suddenly declare themselves as "Family" and stake their claim.

My wife dose not have any children

Yes. As Markham has stated and confirmed you may well be down the pecking order of entitlement. As crazy as it is.

Wills are for me somewhat a bit of a farce. Someone can quite legally cut a dependent out of the will however upholding that after the will comes into effect may well be different story. Someone contesting a valid will may still have the right to benefit from the will even though they have no entitlement to the will. Beneficiaries of said will have no option other than to concede and provide funds to negate court costs in trying to protect the will and its original content.

Yep exactly my point. Theres no point in it being applicable in law if it will be overturned should the will be contested or if the will is blown by trying to protect it. It can be viewed as spiteful to drop siblings but people have their reasons. If a person has the fortune to pass on some estate for me they should have the choice in deciding who should be in receipt of it. I mean they have no choice but to pass a percentage to the government (exceeding a certain amount of estate of course - soon to increase) so give them the choice who has the rest.

This may help a little...

http://www.globalpropertyguide.com/Asia/Philippines/Inheritance

Foreigners can own land by hereditary succession...Its in the constitution!!
They also MUST pay inheritance tax within 6 months of Spouses death or incur fines and penalties..
Clever eh!

Thanks for the info, but maybe I did not make it clear.

My wife does not have any children

She is illegitimate.

Her father is dead, her mother survives.

She has one sister living in USA who is the daughter of her father and mother,

several half sisters, some the children of her father and others the children of her mother.

Even if she cannot leave me the property, I believe she should make a Will in respect of 'the others' or the vultures aka lawyers will get everything. .

John..Read the info and the article in link below..I believe it will answer your question.

http://goo.gl/zaaISH

further info
http://www.investopedia.com/article...3015/buying-house-philippines-howto-guide.asp

http://real-estate-guide.philsite.net/foreigners.htm