No last will

Dear Atty. Peachy,

I am writing to seek your advice regarding a situation that has arisen in my family following the recent passing of my grandmother. She left behind a house and a piece of agricultural land in our province. Unfortunately, things have taken a rather complicated turn. Before her passing, my grandmother had expressed her wish to pass the house to my mother, as she had been living there and caring for her during her final years. The agricultural land was intended for my uncle, who has been managing it for the family for many years. However, no formal will was drafted, and now that my grandmother has passed, my uncle insists that he should inherit the entire estate based on an alleged conversation between him and my grandmother prior to her passing.

My mother and I are concerned that my uncle may try to take the house as well, despite my grandmother’s wishes. We would like to know what legal steps we can take to assert our rights over the property, considering there is no will.

Thank you for your guidance.

Cess

□□□□□

Dear Cess,

Thank you for reaching out and sharing your situation. Please accept my condolences for your loss.

It is crucial to know that, under Philippine law, any inheritance matters must be settled formally, as verbal agreements do not have the same legal standing as written documents. In the absence of a valid will, your grandmother’s estate will be divided according to Philippine succession laws. Under the Civil Code, her estate will be equally divided among her legal heirs. This means that your mother and your uncle, are entitled to an equal share of the estate, which encompasses both the house and the agricultural land.

As her legal heirs, your mother and uncle will inherit equal shares of the estate. This means that both the house and the agricultural land must be valued and divided so that each heir receives 50 percent of the total. An accurate inventory of all assets is necessary. This inventory will help clarify the total value of your grandmother’s property and facilitate a fair distribution of assets.

If your uncle insists on taking the entire estate and disregards your mother’s rightful claim to the house, you may need to consider legal action. This could involve filing a petition for the settlement of the estate in court, where you can assert your mother’s right to her share of the property.

While legal proceedings are an option, however, I suggest exploring mediation as a preliminary step. Open discussions regarding the equal division of the estate, based on legal rights, can help resolve the matter amicably and preserve family relationships.

Best of luck, and may you reach a fair resolution.

Atty. Peachy Selda-Gregorio