Dear Atty. Peachy,

I am reaching out to you for some guidance regarding my family’s inheritance matter. My father passed away recently, and while we are all grieving, there are some complications that have arisen concerning his estate.

Before his passing, my father made a handwritten will, which I found after his death. In this will, he indicated his desire for his properties to be divided among my siblings and me. However, one of my siblings is disputing the will, claiming that it is not valid because it was not notarized and that my father had allegedly mentioned wanting to change his estate plans before he died.

Additionally, there are some assets that my father had acquired during his lifetime without making any mention in the will. I am concerned about how this will affect the distribution of his estate and what rights we, as his children, have regarding inheritance under Philippine law.

Could you provide some clarity on the validity of handwritten wills in the Philippines and how properties acquired without a will are treated?

Thank you for your help in this sensitive matter.

Brianna

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Dear Brianna,

I can understand how difficult it is to navigate such emotional issues, especially concerning inheritance following the loss of a loved one. Let me address your concerns regarding the validity of your father’s handwritten will and the inheritance rights of children in the Philippines.

In the Philippines, a handwritten will (also known as a holographic will) is considered valid as long as it is entirely written, dated and signed by the testator (your father, in this case). There is no requirement for a holographic will to be notarized. However, for the will to be contested successfully, your sibling would need to provide clear evidence that your father did not intend for this will to reflect his true wishes or that he revoked it.

The Philippine legal system requires that any will be probated before the estate can be distributed. During probate, the court will examine the evidence regarding the will’s authenticity, the decedent’s testamentary capacity, and any claims of revocation.

Regarding the properties acquired without mention in the will, Philippine law provides for intestate succession under the Civil Code. If your father befell an estate that was not fully addressed in his will (known as the estate not disposed of), then his properties would be distributed according to the rules of intestate succession. In this case, as his legitimate heirs, you and your siblings are entitled to a share of those properties.

Under Philippine law, all legitimate children have equal rights to inherit from their parents, regardless of the will mentioned or not. If the will is upheld, you and your siblings will share the properties as outlined; otherwise, you will inherit based on the rules of intestacy.

Ultimately, the importance of open communication among family members during this time cannot be overstated. It is beneficial to approach the issues with sensitivity and a focus on reconciliation, honoring your father’s legacy.

I hope this information helps clarify your rights and options concerning your father’s estate. Should you have any further questions or need additional guidance, please feel free to reach out again.

Atty. Peachy Selda-Gregorio