- Hi Atty. Rogie, my Dad made a will in Canada and was probated by the court . In his will, he removed my three(3) other brothers as heirs to any of his financial and property assets, including 2 lots in Caloocan City, Philippines.
I was told that since it is a foreign document, it is not recognized by the Philippine law, although through court proceedings, it can be validated and be recognized in the Philippines. Is that possible?
If it is, how long and how much is the approximate expense for this. We are in the process of selling these 2 properties right now and it might make a difference if this is recognized by the Philippine law.
Please advise. I was told it should be a Filipino lawyer in the Philippines . who should handle this? Hoping for your immediate response in this regard. Thanks. Carmela.
Ans:
Hello Ms. Carmela. There are more details that are needed to engender appropriate response to your queries regarding the will of your father. More particularly, his citizenship and his residence at the time of his death.
You also mentioned that your father’s will was already probated , presumably in Canada. And in view of the absence of such other detailed information about your father and the said will for our perusal , the response to your queries are based on the facts as presented and as understood and appreciated by us.
Firstly, about the “foreign document”(will) that you mentioned, we take it to refer to the WILL of your father. Contrary to the information you received, this WILL could be valid and recognized in the Philippines. And this instrument may be probated by the Philippine court as regards to its intrinsic and extrinsic validity.
Secondly, you mentioned that in the said will, your father removed your three(3) brothers as beneficiaries or heirs to entitle them to receive their inheritance under the law of the Philippines. There could be legal issues and consequences here. Under the laws of the Philippines, your three (3) brothers as compulsory heirs cannot just be deprived of their legitimes .
The legitime of every compulsory heirs(Children & spouse of the deceased) is protected by law and cannot just be undermined by the testator or decedent.
Thus, under Section 10 of Rule 76 of the Rules of court, the disinherited siblings or anyone who is prejudice by the will may oppose the allowance and implementation of the will. More often than not, this situation could result in long and protracted court litigations amongst the heirs and/or other claimants of the estate .
However, notwithstanding the foregoing, an heir could be disinherited . A disinheritance can be effected through a will and the specification of its cause or causes must be clearly established. (Arts.916 & 918 Civil Code of the Philippines).
Pursuant to Article 919 of the Civil Code the following shall be sufficient causes for the disinheritance of children and descendants, legitimate as well as illegitimate:
“(1) When a child or descendant has been found guilty of an attempt against the life of the testator, his or her spouse, descendants, or ascendants;
(2) When a child or descendant has accused the testator of a crime for which the law prescribes imprisonment for six years or more, if the accusation has been found groundless;
(3) When a child or descendant has been convicted of adultery or concubinage with the spouse of the testator;
(4) When a child or descendant by fraud, violence, intimidation, or undue influence causes the testator to make a will or to change one already made;
(5) A refusal without justifiable cause to support the parent or ascendant who disinherits such child or descendant;
(6) Maltreatment of the testator by word or deed, by the child or
descendant;
(7) When a child or descendant leads a dishonorable or disgraceful life;
(8) Conviction of a crime which carries with it the penalty of civil interdiction.
Thus, where any of the provisions cited above is present as basis of your father to disinherit your three(3) siblings then this purported will more particularly its intrinsic validity in the disposition of the estate may be given due course in the Philippines.
However, if at the time of your father’s death, he was a Canadian citizen and residents, then, under the laws of the Philippines, the disposition of his will including the intrinsic and extrinsic validity thereof, shall be governed by the laws of Canada and not the laws of the Philippines. (2nd par. Article 16 and Article 1039 of the Civil Code of the Philippines).
As to the approximate length of time that may be needed in the process, it depends whether or not the will is contested or not by the heirs. If the will is contested, it means litigation and could take long years.
Looking forward you’ll find the above in order and Thank you for being part of the Batas Pinoy Global Community.
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