Succession Law
Succession Law
FCB Law Office’s succession practice helps you plan your estate with confidence. As a core practice area, the firm can advise you even in difficult inheritance situations including cross-border estates with assets in the Philippines and abroad. From will creation to probate to conveyence, FCB Law Office can guide you through it all.
Succession Law Services
PROBATE AND REPROBATE
All Wills must undergo Probate or Reprobate to prove they were properly executed and to allow asset distribution.
WILLS AND ESTATE PLANNING
Estate planning helps avoid complications when transferring assets to heirs. Consulting a lawyer ensures a smooth transfer when the time comes.
EXTRAJUDICIAL SETTLEMENTS
Extrajudicial Settlements are a cheaper way to transfer estates when all heirs agree. Correct assessments and accurate documents are crucial.
JUDICIAL SETTLEMENTS
When heirs dispute an inheritance, court action is often needed. Opposed cases can be lengthy, needing witnesses and evidence.
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WHAT TO EXPECT
Wills that are improperly prepared or that do not follow Succession Law are not valid under Philippine Law. It is advisable to have legal guidance when drafting a will or dividing your estate due to rules around Disinheritance as well as how much and to whom an estate is bequeathed.
Inheritance can be transferred to heirs through Extrajudicial Settlement or Probate, and will often need complete documents for the BIR computation and subsequent transfer of the title to the heirs. Documents include proof of ownership, family ties, and accurate personal details.
Transferring an estate requires documents from various offices. These include birth, marriage, and death certificates from the PSA, property titles, tax declarations, and landholding certificates. After paying BIR Estate Tax, the title transfer must be completed at each relevant office.
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FREQUENTLY ASKED QUESTIONS
Succession law, also known as inheritance law, governs the transfer of a person’s property and obligations upon their death. This includes real estate, personal property, debts, and other obligations.
There are two types: testamentary succession, where the deceased has left a will specifying how their estate should be distributed; and intestate succession, where the deceased has not left a will or the will is invalid, and the estate is distributed through an Extrajudicial Settlement according to the rules set out in the Civil Code of the Philippines.
Legitimate children, illegitimate children, a surviving spouse, and other ascendants and descendants are compulsory heirs and inherit specific percentages of the estate unless validly disinherited in a Will. If there are no surviving relatives, the estate goes to the state.
Yes, a foreigner can inherit property in the Philippines, whether it is land or personal property, as long as they are a legal or natural heir. This applies even if they are not a resident of the Philippines. However, foreigners can only inherit in situations where there is no Will.
Yes, a will can be contested in the Philippines. Grounds for contesting a will include lack of testamentary capacity, undue influence, fraud, duress, mistake, or the fact that the will was not executed in accordance with the requirements of Philippine law.
If a person dies without a valid will, they are considered to have died intestate. In such a case, their estate is distributed according to the rules of intestate succession as provided by the Civil Code of the Philippines. To transfer the estate, an Extrajudicial Settlement is used to which all the heirs must agree and sign. If the heirs do not agree, then the issue must be brought to court.
In intestate succession, the estate is divided among the legal heirs according to a hierarchy established by law. This typically includes legitimate and illegitimate children and descendants, the surviving spouse, surviving parents and ascendants, and collateral relatives (brothers, sisters, nephews, and nieces).
A will is validated through a court process known as probate. The court must confirm the will is genuine and was freely made by the deceased. If the will is holographic (handwritten), it doesn’t need to be witnessed, but it must be entirely written, dated, and signed by the hand of the testator himself or herself. If it is a notarial will it must be notarized and there must be witnesses. There are several other requirements. Please note that this is a general overview and might not cover all aspects of succession law in the Philippines. The law is complex and there may be exceptions or specific scenarios that are not covered by these answers. Always consult with a legal professional for advice on specific situations.