Dear Atty. Peachy,

I am writing to seek your advice regarding an inheritance issue that has become quite confusing for my family and me.

Last month, my father passed away, and while we are still grappling with the loss, we have begun to discuss how his estate should be handled. My father had a will, which he prepared a few years ago, indicating that his assets should be divided equally among his three children, including me. However, a few days ago, I overheard my eldest sibling discussing how our father had verbally promised him that he would inherit the family home, which is not addressed in the will at all.

This situation is causing a rift in our family, as my other sibling and I feel strongly that the written will should be honored, given that it reflects our father’s last wishes. To complicate matters further, I recently learned that my father started a new business shortly before he passed and did not update his will to include it.

I am concerned about my rights as a co-heir and want to know if my father’s verbal promise to my sibling holds any weight considering the existence of the will. What steps should we take to ensure that the will is honored, and how should we handle discussions about the newly started business?

Thank you for your help.

Harold

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Dear Harold,

Dealing with the loss of a loved one is hard, and navigating the complexities of inheritance law can further complicate matters. Let us break down your situation according to Philippine law.

Under Philippine law, specifically the Civil Code, a will is a legal document that outlines how a person wishes their estate to be distributed upon their death. If your father prepared a valid will that clearly states his intention to divide his assets evenly among his children, this document should be given primary consideration when dealing with his estate. The law generally upholds written wills over verbal promises. The verbal promise made by your father to your eldest sibling regarding the family home may carry emotional weight but lacks the legal enforceability of a written will. Unless there are compelling reasons to challenge the will (e.g., proving undue influence, lack of capacity, or a subsequent will), the written terms should prevail.

The family home is part of your father’s estate. Under Article 888 of the Civil Code, all properties left by the decedent should be included in the estate. Therefore, all three siblings would have equal rights to the property.

Concerning the newly started business, it is important to investigate whether it has been formally established and how your father’s interest in it is titled. If it was solely owned by him and not addressed in the will, it should also form part of the estate to be shared among the heirs. As the estate is considered a whole, it includes all assets owned at the time of death, regardless of their status in the will.

I hope this provides some clarity on your situation and assists your family in navigating this difficult time. Wishing you peace and resolution during this time.

Atty. Peachy Selda-Gregorio