Apologies if not in the correct forum. I searched but wouldn’t find another We live in Spain. My Filipino wife has property in Philippines. It will be some time before she is likely to visit ‘home’ where she could make a Will If she makes a Will, manuscript or typed, expressing her wishes to leave her Philippines assets to her cousin whom she cared for from birth. He is in effect her son. She has no children. Would such a Will be recognised in Philippines? Many thanks for any input john
Cross border wills are complicated, I doubt it will be simple in the Philippines. One thing I do know is that you can't disinherit children, assets are evenly distributed but in your case I don't know the rules regarding distribution between other close relatives. Get professional advice on this from expert lawyer in Spain who has dealt with cross border wills in the past.
Thank you. Maybe I could make my question a little clearer I have for over 40 years had a uk Will which I originally made using an HMSO blank Will form. The first Will I made was when I was living inUK. I had it vetted by a solicitor. I’ve remade my uk Will using the same blank Will format which I have on my PC many times over the years, including whilst living in Spain. I know that under uk law it will be valid in UK. It was that kind of Will I had in mind as a stop gap until my wife makes a formal Will in Philippines.
Not sure that would work, when I made a will in the UK a few years ago they basically told me it covered my UK assets only, Philippine assets or responsibilities would need a Philippine will, at that time I had no Philippine assets but I do now I have some small money in a Philippine bank. Maybe others here can provide better advice.
Off Google Validity of wills In the case of the testamentary succession, a will executed abroad by a non-resident may be given effect in the Philippines if it was made in accordance with the laws of the person's country of residence or citizenship or in accordance with the Philippine Civil Code. https://archdioceseofpalo.org/wp-content/uploads/2021/08/Last-Will-and-Testament-DRAFT.pdf Article 816 of this document will help https://pravo.hse.ru/data/2024/01/25/2089640555/Филиппины_ГК англ.pdf
As @oss mentioned cross-border wills are complicated. A correctly formatted British will, drafted and witnessed in the UK, would apply to assets located in the United Kingdom. Philippines law provides for compulsory heirs and a compulsory line of succession. These are primarily the children and their descendants but also can include parents and siblings which would obviously apply if she is childless. Her cousin would likely be lower in that list than some of her other surviving relatives. To contest that compulsory line of succession there would need to be a Philippine notarized will (as opposed to a handwritten holographic will) and court proceedings. Although it may be possible to have a foreign will recognised in the Philippines in such proceedings, it would be a lot simpler and less risky to have a correctly drafted Philippines will. I am not very familiar with the details of any of this - suggest that your wife engages legal advice in the Philippines. In Britain, to overcome problems, a property owner might transfer their assets to the ownership of a trust - a legal entity set up to own and manage properties. And other assets. The trust can then privately arrange 'beneficiaries' of the trust to receive rent-free accommodation, financial payouts or whatever, privately and free of interference and can do so for-ever since a legal entity cannot 'die'. This would allow the property to be controlled in perpetuity for the benefit of whomever. If such a mechanism exists in the Philippines she might consider that. Another option - she might consider transferring ownership of the property to her cousin whilst she still lives - with the agreement hat she continues to rent it (at 1 peso per year} until her death. Of course, there would have to be provision for the eventuality that her cousin dies before she does - and what would happen then.
Further: If your wife is from a well off family her siblings et al will probably respect and honor her wishes and obey the law. If your wife is from a poor family no matter what she does or tries to do her siblings (and living parents if any) will probably converge on her property and wait it out like a pack of vultures for the split after she dies... intimidating and threatening anyone, in your case the cousin to whom she is close, in order to ensure they get what they believe they are entitled to as "compulsory heirs"... I have no wish to tar all Filipinos with the same brush but if she wants to leave her property to her cousin, probably the best thing she can do is give it to him/her whilst she is still alive... as ChoiAndJohn alluded to above. This is not the UK or Spain where most people tend to respect and obey the law.
Absolutely - @John Surrey makes a valuable point. Remember 'possession is 9/10th of the law ". If she dies, you don't want the siblings or other relatives to occupy the property, and a civil war on your hands that you have fight in the courts to overcome. This situation is highly, highly likely. Giving it away whilst she still lives makes all those problems largely go away.
It’s complicated, read this it goes over some scenarios that might help https://lawyerphilippines.org/can-a-foreigner-inherit-land-in-the-philippines/
Thank you for that. However the inheritor would be my wife’s cousin who she effectively brought up as his mum. They still have that sort of relationship I accept making a Will in Philippines would be more straightforward but my wife has no plans to visit there in the foreseeable future. .
I came across information regarding making a manuscript Will. I would be interested to know if anyone has used that method many thanks John “Making a Philippine Will while Abroad Key Options: * Holographic Will: * Fully Handwritten: You write, date, and sign the entire will yourself. * Flexibility: Can be made anywhere, including abroad. * Requirements: * Entirely in your handwriting. * Dated and signed by you. * May require authentication of your handwriting.”