Dear Atty. Peachy,

My mother passed away two months ago, and while I am grieving, I am also trying to understand my rights regarding her estate.

A week ago, while going through her belongings, I found a copy of her will. To my surprise, it stated that she had left the entirety of her estate, which includes a modest house and some savings, to my younger brother. I have always been close to my mother, and I was under the impression that I would be included in her estate planning, especially since I helped her manage her finances in her later years.

When I confronted my brother about the will, he was evasive and mentioned something about her “last wishes.” However, I am concerned that the will might not have been properly executed, or that my mother may not have been in the right state of mind when she wrote it.

What options do I have to contest this will? Is it true that there are laws governing inheritance that might apply in my situation? Any advice you can provide would be greatly appreciated.

Thank you for your help.

Sandy

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Dear Sandy,

Thank you for reaching out. Losing a loved one is never easy, and navigating the complexities of inheritance can add to the stress.

Under Philippine law, specifically the Civil Code, the distribution of a deceased person’s estate is governed by certain rules that provide protection for compulsory heirs, which includes children. As a child, you are considered a compulsory heir of your mother under Article 887 of the Civil Code. This means that you have a legal right to inherit from your mother’s estate, regardless of the provisions laid out in her will. Your mother could only part with the “free portion” of her estate. The free portion is the part of the estate that the testator can freely assign to anyone, including friends, extended family, or charitable organizations, after fulfilling the legal shares allotted to compulsory heirs. In simpler terms, while your mother could give away her free portion without restrictions, she cannot diminish your rightful share as her child. The law mandates that her compulsory heirs, like you, must receive their rightful inheritance.

If your brother chooses to pursue the will, he must file a petition for the allowance of the will in the proper probate court. This legal proceeding is where the court validates the will, confirming that it was executed according to legal requirements and thus has legal effect. In this proceeding, you have the right to contest the will on various grounds, including:

1. Noncompliance with Formalities: If the will does not meet the legal requirements set forth in the Civil Code regarding its formation (e.g., the will is not in writing, not signed by the testator, or lacks witnesses), it can be set aside.

2. Lack of Testamentary Capacity: If it can be shown that your mother did not have the mental capacity to understand the nature and consequences of making a will at the time it was executed, this may render the will invalid.

3. Undue Influence: If you believe your mother was coerced or pressured by your brother or any other party into drafting the will in a way that benefits him, this is grounds for contesting its validity.

4. Fraud or Force: If the will was obtained through fraudulent means or threats, it can be contested on these grounds.

5. Revocation: If it can be established that your mother revoked the will or created a later will that replaces the prior one, the earlier will may be rendered void.

6. Preterition of Compulsory Heirs: If your mother’s will does not acknowledge you as a compulsory heir and there are no valid grounds for your disinheritance, you can challenge the will for failing to include you.

If you decide to contest the will, it is crucial to gather any supporting evidence, such as witnesses.

Before escalating to litigation, consider mediation with your brother, if possible. Family disputes can take a toll on relationships, and a mediated conversation might help clear up misunderstandings and lead to an amicable resolution.

I wish you the best in navigating this difficult situation, and I hope you find the resolution that honors your relationship with your mother.

Atty. Peachy Selda-Gregorio