Thursday, October 8, 2009

LAWYER DOESN'T NEED TO SIGN THE HOLOGRAPHIC WILL

I'd Like to ask if I am single and dont want to give or share my properties to my siblings and their children because they dont need it. I'd like to give my whole estate to other people, what will i do so that my forced heirs will not go after it.

Hi jayrsu,
Our law on succession merely requires that if one dies without a will, his properties will descend to his compulsory heirs, or in their absence, to the legal heirs. But the compulsory heirs, as distinguished from legal heirs, cannot be deprived of their legitimates (share in the estate of deceased) as the law provides.

Thus, since you do not have a descendant or ascendant or been married to anyone, which the law cconsiders as compulsory heirs, then you have every right to bequeth your entire estate to anyone. But if you leave without a will, the court may give it to your legal heirs - brother, sister, or their children. regards.

ANOTHER POINT, THE LAWYER DOESN'T NEED TO SIGN THE LAST WILL AND TESTAMENT. IT COULD BE DONE THRU A HOLOGRAPHIC WILL WHICH REQUIRES THE TESTATOR TO WRITE THE TESTAMENT IN HIS OWN HANDWRITING WITHOUT NEED FOR NOTARY.

THE OTHER FORM OF WILL REQUIRES AT LEAST 2 WITNESSES OF LEGAL AGE AND PROPER NOTARIZATION. ALSO, IF YOU WANT TO AVOID ARGUMENTS AFTER YOUR DEATH BETWEEN THE HEIRS AND LEGATEES, YOU MAY OPT TO FILE BEFORE THE COURT A CASE TO RULE ON THE AUTHENTICITIY OF YOUR WILL EVEN DURING YOUR LIFETIME. IT WILL TAKE EFFECT NAMAN AFTER THE DEATH OF THE TESTATOR SO NO NEED TO WORRY. THE PROCESS IS TO AVOID FURTHER QUESTION AS TO THE FREE WILL OF THE TESTATOR AND AS TO HIS SIGNATURE.
http://forums.gov.ph/thread.asp?rootID=124169&catID=23

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