Last will

Dear Atty. Peachy,

My father passed away unexpectedly last month. He was a man of conservative values and while he often spoke about the importance of family and legacy, he never openly discussed his will or any plans for his estate. In fact, he seemed to avoid the topic altogether.

We have always been a close-knit family, but the sudden loss has revealed unexpected tensions. Shortly after his death, my siblings and I gathered to discuss what to do next. To our shock, my older brother, Jun, claimed he had discovered our father’s will hidden in a drawer, which apparently states that everything was to go to him, including our father’s ancestral home and his investments.

Our father talked about distributing his estate fairly among all of us. I find it hard to believe he intended to leave me and my two sisters out, especially because he often expressed his desire to help us all on our personal journeys. My siblings and I are convinced this “will” is either fabricated or never executed legally.

We have confronted Jun, but he insists he will honor our father’s wishes, as he interprets them, and has threatened to take legal action if we dispute his claims. This situation has escalated to a point where we feel we have no choice but to fight back, not just for our inheritance but for what we feel is our father’s true intent.

How can we legally challenge this situation? What steps should we take to ensure that our father’s real wishes are honored? Can we contest this “will”? Additionally, what are our rights as heirs according to Philippine law?

I appreciate any advice you can provide during this tough time. Thank you for your attention and support.

Pat

***

Dear Pat,

Thank you for reaching out. I understand this is a tough time for you and your family, and it’s important to honor your father’s wishes according to Philippine law.

Before a will can be enforced, it must first go through the probate process. Probate confirms the will’s validity and ensures it reflects the true intentions of the testator (the person who created the will). It safeguards the rights of heirs by providing a legal framework for distributing the estate, ensuring that assets are divided according to the testator’s wishes or, if the will is invalid, according to intestate succession laws. Jun needs to have your father’s purported will probated to determine its legality. If it is not validated, your father’s estate will be divided according to intestate succession laws.

In the Philippines, a valid will must meet specific requirements: it must be written, signed by your father, and witnessed by at least three individuals unless it’s a holographic will, which is entirely handwritten. If Jun’s will lacks proper signatures or doesn’t meet these criteria, it can be contested.

If Jun proceeds with filing a petition for the probate of your father’s purported will, and you believe it does not accurately represent your father’s true intentions or does not comply with legal requirements, you can contest it on several grounds:

1. Lack of required formalities (e.g., missing signatures or witnesses).

2. Undue influence exerted on your father.

3. Lack of mental capacity when the will was executed.

4. Fraud in the creation or execution of the will.

Gathering evidence to support your claim is critical. This may include written communications indicating your father’s wishes, testimonies from those aware of his intentions, and medical records relating to his mental state at the time the will was made.

As compulsory heirs, you have the right to contest the will if it unjustly excludes you from your rightful share. If the will is declared invalid, your father’s estate will be divided equally among you and your siblings.

If Jun does not have the will probated or if it is declared invalid during the probate proceedings, your father’s estate will be distributed according to intestate succession rules.

Atty. Peachy Selda-Gregorio