Last Will and Testament Philippines

Planning for the future is crucial for every Filipino family. This guide outlines everything you need to know about estate planning under Philippine law.

Why You Need a Will in the Philippines
Under the Civil Code of the Philippines, a will is a strictly personal act where a person dictates how their property is distributed. Without a last will and testament in the Philippines, the law (intestate succession) will decide who inherits your hard-earned assets.

Holographic vs. Notarial Wills
In the Philippines, there are two primary types of wills that you can execute:

Holographic Will: A holographic will is entirely written, dated, and signed by the testator. It does not require witnesses or notarization.

Notarial Will: A notarial will is a typed document that follows specific legal protocols. It must be signed in the presence of at least three credible witnesses and acknowledged before a notary public.

The Rules of Inheritance
When drafting a last will and testament in the Philippines, you must respect the rights of compulsory heirs. Even with a will, you cannot fully disinherit your children or spouse without a valid legal cause recognized by the court.

The "free portion" of your estate is the only part you can bequeath to friends, charities, or other relatives. Failing to follow these rules can lead to lengthy court cases among your survivors.

The Role of last will and testament philippines the Court
Creating the document is only the first step. During probate, the court checks if the testator was of sound mind and if there was any coercion involved.

This is highly advised to prevent future conflicts among your heirs.

Final Summary
Taking the time to write a last will and testament in the Philippines ensures that your wishes are honored. While it may seem complicated, consulting with a legal professional can make the process straightforward.