High Finance Woman and Tinaw individually read up on Philippine and Canadian laws regarding wills, probate, insurance and legal jargon to keep informed on which way to take in handling the case against Auntie Insurance.
For High Finance Woman, she reads up for the sake of Caregiver Lady to inform her on the latest developments and how they can catch up with Auntie Insurance in Tatay Ruby and her's conjugal properties.
For Tinaw, she reads up for the rest of them in order that Toklang and Personal Injury Solicitor may know some information - when she is asked. But to total all the information, it is best to seek the assistance and advice of an inheritance lawyer.
Dear PAO,
Before my grandfather passed away, he executed a will distributing his properties. Aside from my mother and my aunt, who are his only children, I was given a portion of his properties.
The will was executed when he was still in New York, USA but he was a Filipino citizen even up to the time of his death. I just want to know if that will can be considered valid here in the Philippines because his property is located here. Will that be enough for us to divide the property among us? I hope you can enlighten me on this concern.
Thank you.
XXX of Malabon
Dear Jacky,
A will is a personal act of the testator whereby he voluntarily gives to another his property, be it real or personal, but the transfer of ownership shall only take effect after his demise. Under Philippine laws, a will may be considered valid and binding as long as it conforms to the laws of the place where the same was executed (Article 17, New Civil Code of the Philippines). In the situation that you have presented before us, it must be shown that the forms and solemnities of American laws, specifically the laws of the State of New York, have been adhered to before it can be said that the will of your grandfather is valid.
Besides the foregoing, the will of your grandfather must first undergo probate proceedings. Possession of your grandfather’s will is not enough for you and the other heirs to divide the property. It is necessary that the extrinsic validity of his last will and testament be determined by the court because it is mandated under Section 1, Rule 75 of the 1997 Rules of Court that, “No will shall pass either real or personal estate unless it is proved and allowed in the proper court. Subject to the right of appeal, such allowance of the will shall be conclusive as to its due execution.” Accordingly, the person who has custody of the will of your grandfather must deliver the will to the court of the place where your grandfather last resided, or if he is a non-resident of the Philippines to the court of the place where the property is situated, within twenty days from the time he gains knowledge of the death of the testator (Section 2, Rule 75, id). The proper petition for allowance of the will must also be filed before said court, containing among others, the names, ages, and residences of the heirs, legatees and devisees, as well as the probable value and character of the property.
Should you or the heirs prove in court that the will of your grandfather conformed to the laws of New York, USA with regard to forms and solemnities of his will, the court will issue an order for the allowance thereof. Thereafter, you may proceed with the partition of the property left by your deceased grandfather in accordance with the provisions of his will. On the other hand, if the will was disallowed by the court for failure to conform with pertinent laws, you will not be allowed to divide and distribute the property using the provisions of the will. Rather, the laws on intestate succession shall be applied to the partition of the estate of your grandfather.
We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Note: Credit belongs to the author of the website. The write up was read by High Finance Woman from Dear PAO
