Last will

Dear Atty. Peachy,

My mother passed away unexpectedly, and while she never formally discussed her estate plans with me, she often mentioned wanting her assets to support me and my two siblings equally. In her absence, I recently found out from a family friend that she had created a will about two years ago. According to this document, all her assets, including our family home and savings, are left to one of my siblings, who has always had a fraught relationship with our mother.

This revelation has left me and my other sibling feeling confused and somewhat betrayed. We worry that our mother’s intentions may not have been reflected properly in the will. Is there a way for us to contest the validity of this will? What steps can we take to ensure that the estate is distributed according to our mother’s original wishes? Furthermore, I have heard that even if there is a will, the decedent can only dispose of the “free portion” of her estate. Could you explain what that means?

Thank you for your help, and I look forward to your guidance.

Brenda

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Dear Brenda,

I am truly sorry to hear about your mother’s passing. Navigating inheritance matters can be particularly challenging, especially when family dynamics come into play. In the Philippines, the law governing inheritance is primarily outlined in the Civil Code, which emphasizes the importance of a deceased person’s intentions as expressed in a valid will.

Regarding your question about the “free portion” of an estate, it is essential to understand that, even with a valid will, a decedent can only freely dispose of the assets that belong to this portion. The free portion is that part of the estate that the deceased can distribute at their discretion without violating the rights of compulsory heirs. Under Philippine law, compulsory heirs typically include the legitimate children and the surviving spouse, among others. These heirs have a right to a reserved portion of the estate, known as the legitimate portion, which must be allocated to them regardless of the will’s stipulations.

In your situation, if your mother’s will leaves all her assets to one sibling, it is crucial to determine what percentage of the estate is the free portion. If her estate does not have enough to provide for the legitimate portions of both you and your other sibling, then you might have grounds to contest the distribution since your mother’s wishes must also respect these rightful claims.

If you and your other sibling believe that there was undue influence or lack of capacity involved in crafting the will, you may have grounds to contest its validity by filing a petition in court to formally address the matter. Gathering any documentation or testimonies that indicate your mother’s true intentions can help support your case.

I wish you and your siblings the best as you work through this difficult situation, and I hope you find a resolution that reflects your mother’s true wishes.

Atty. Peachy Selda-Gregorio