- A co-heir sued over an unfair partition — can the others satisfy him without redoing the whole division?
- A debt was assigned to me in the partition and the debtor turned out insolvent — can I recover from my co-heirs?
- A trustee bought property with trust funds and put it in his own name, who owns it?
- A will leaves property to my uncle 'and his children' — do we inherit together or does he take first?
- A witness to the will later became incompetent — does that invalidate the will?
- I accepted an inheritance under pressure and now want to undo it — can I challenge the acceptance?
- My father had the right to revoke a donation because I was born after it, but he died without doing so — can my siblings and I now pursue that revocation?
- In a handwritten will, are dispositions I added below my signature valid?
- The administrator of my late relative's estate has been dragging their feet on collecting debts owed to the estate and on paying out money already in hand — is there a legal consequence for that kind of delay?
- The administrator of my late relative's estate says the deceased actually owed them money personally — how can they pursue that claim when they're also the one running the estate?
- I am the administrator of an estate - do I need court approval before settling a case involving estate property?
- The administrator of my late relative's estate has been living in one of the estate's houses — do they owe the estate anything for that personal use of the property?
- My adopted sister died without children — do her biological relatives inherit, or the parents who adopted her?
- My uncle donated his property when he had no children, and later adopted a minor — can that adoption be a ground to revoke the donation?
- My adult child refuses to support me even though they can afford to — is that a valid ground to disinherit them?
- What can adult children actually cite in a will to legally disinherit a parent who abandoned or abused them?
- The estate case is dragging because of a controversy on appeal — can the unaffected shares be distributed to the heirs in the meantime?
- The donee transferred the donated land to another person after breaching the donation condition — is that transfer valid against me as donor seeking revocation?
- All the closest relatives refused the inheritance — do the next ones inherit in their own right or by representation?
- All the nearest relatives repudiated the inheritance — who inherits next?
- My father's will was allowed by the court — can any of us heirs later reopen the issue of whether the will was properly signed and witnessed?
- The will says I get one of two things but does not say who chooses — who has the right to choose?
- An heir sold the thing my late friend was keeping for me. What are my rights?
- An heir was excluded as unworthy — can he still recover what he spent preserving the estate?
- Can I write a clause in my will saying that the will can never be revoked, or sign an agreement with my heir promising not to change it?
- My grandmother's trustee posted a bond, but the bond document itself doesn't spell out exactly what he's obligated to do — does that mean those duties aren't actually enforceable against him?
- Before an estate is formally divided, are the heirs automatically considered co-owners of everything in it?
- If the estate cannot cover our legitimes, which is cut down first — my father's lifetime donations or the legacies in his will?
- I wrote lines below my signature on my handwritten will — are they valid?
- Are my father's debts deducted before our legitimes are computed, and do the charges he wrote into the will count?
- My handwritten will has undated entries but the last one is dated and signed — are the earlier ones valid?
- Do everyday things like tuition, medical bills, or a wedding gift from a parent get counted against an heir's share of the estate?
- Are the jewellery and outfit my parents gave me for my wedding deducted from my inheritance?
- As an heir I voluntarily paid a decedent's debt beyond what I inherited, can I undo that payment?
- My mother died leaving no children but her own parents are alive — how much of her estate is legally reserved for those grandparents?
- At what point in time is an heir's capacity to inherit judged?
- Can I attach conditions or charges to my child's legitime in my will?
- The attestation clause of my mother's will left out the number of pages — is the will void because of it?
- My grandfather is blind — what extra steps does the law require before his will can be considered valid?
- My blind grandmother wants to make a will — what extra steps must be followed so that the will is valid?
- My sister died without children and both our parents are alive — do they split her estate equally between them?
- My younger sibling is only 17 and dying of an illness — can they still legally make a will?
- Can a bank or trust company be appointed as executor or administrator of an estate?
- Can a child who was conceived but not yet born when the decedent died still inherit?
- Can a later will or codicil revive an earlier will that was invalid as to its form?
- Can a corporation named in a will refuse the inheritance on its own, or does it need court approval?
- My late father's will left property in trust for my niece but never named who should actually serve as trustee — can the court step in and appoint someone, and would that person have the same powers as if my father had named them himself?
- Can a creditor of the deceased serve as a witness to the will?
- Can someone the estate owes money to serve as a witness to the will?
- Can a person who cannot inherit directly still inherit by representation?
- Can someone who is himself disqualified from inheriting still represent a deceased parent?
- Can a fideicommissary substitution be placed on the portion reserved as my child's legitime?
- A gift in my father's will eats into my legitime — can I have it cut down, and do I have to ask for it?
- My father left a donation to a government hospital — can it accept the legacy without any special approval?
- The court ruled on a creditor's claim against my late relative's estate — can that judgment be appealed, and does it create any lien on the estate's property?
- Can a person who receives a gift in the will also be charged with paying a legacy to someone else?
- I was left a specific item in a will — can I demand it directly from the administrator without going through the heir?
- The original will can't be found — it may have been lost or destroyed by accident — can it still be probated based on copies or witness recollection?
- Can a married woman make a will without her husband's consent?
- Can a married woman refuse an inheritance without her husband's consent?
- I was appointed administratrix of an estate while single, and then I got married — does the marriage end my authority to serve?
- Can a parent divide their property among the children before dying?
- Can a wife leave her share of the conjugal or community property by will?
- The will misdescribes the property left to me — can it still be given effect?
- Can a parent write any reason into a will to cut a child out of their inheritance?
- Can my father's will forbid us from ever selling the family home?
- Can a will legally require that property stay untouched and unsold for as long as the family wants?
- Can my father's will require my brother to keep the land and later pass it on to a named second heir?
- Can my mother put a clause in her will stating that it can never be revoked or changed for the rest of her life?
- Can the inheritance rights of a person who was legally declared absent be lost through prescription if they never claim them?
- Other relatives may have a better right to administer my late relative's estate than I do, but they haven't come forward — can letters of administration still be granted to me?
- The administrator was ordered to pay costs after losing a lawsuit involving the estate — can those costs be charged to the estate's administration account, or must the administrator absorb them personally?
- My late relative held a mortgage as mortgagee before they died — can the administrator of the estate actually foreclose on it if the mortgagor stops paying?
- Someone owes money to my late relative's estate but can't pay in full — can the administrator agree to accept less than the full debt in order to settle it?
- Can the administrator of my late relative's estate actually file or defend a lawsuit on the deceased's behalf, for property or rights that belonged to the deceased?
- Can adoptive parents inherit from their adopted child, and the child from them?
- Can an adopter disinherit an adopted child?
- Can an executor or administrator buy property belonging to the estate he administers?
- Can an estate partition be rescinded or annulled for the same reasons as a contract?
- Can an heir be forced to accept an inheritance they don't want?
- An heir's share depends on a condition — can he demand a partition before it is fulfilled?
- Can an heir sell his entire inheritance before the estate is partitioned?
- Can an heir sue the administrator to recover possession of estate land while the administration is still pending?
- If an heir ends up with noticeably less than their fair share after the estate is divided, can they undo the partition?
- Can an illegitimate child inherit, without a will, from their parent's legitimate relatives, like a grandparent or an aunt?
- The beneficiaries of my grandmother's trust believe the trustee is mismanaging the property and want him removed — can they force that, or can the trustee simply refuse to step down?
- The first distribution didn't cover all of my late relative's estate's debts, and more assets have since come in — can the court order another round of distribution?
- We want to do a summary settlement and partition of our late relative's estate among ourselves — can the court make us post a bond first before allowing the partition?
- My father has been missing and unheard from for years — can his estate be settled through a special proceeding even without a death certificate, and what happens if he later turns out to be alive?
- My late relative was a business partner in a partnership — can the executor of the estate actually inspect the partnership's books and property, and what if the surviving partners refuse to cooperate?
- Can the lawyer who drafted my father's will also sign as one of the required witnesses to it?
- My father left a will naming us as heirs — can we just divide his property among ourselves without going through court first?
- As an heir, can I actually question the administrator of my late relative's estate under oath about the accuracy of the accounting they filed with the court?
- Can an heir stop the court from authorizing the sale or mortgage of estate property?
- Can I accept an inheritance before I am certain the person has died?
- I was called to the estate both by will and by intestacy — can I accept my testamentary share and renounce the intestate one?
- Can I accept part of my legacy and reject the burdensome part?
- Can I attach a charge or condition to my child's legitime in my will?
- Can I legally donate property to a grandchild who hasn't been born yet?
- Can I leave the free portion of my estate to anyone I choose, including a non-relative?
- My half-sibling on my father's side is illegitimate — can we inherit from each other if one of us dies?
- Can I leave a gift in my will to a person who cannot yet be identified?
- I have legitimate children — can I still leave my whole estate to a friend or to charity?
- Can I leave it to my executor to decide whether a gift in my will takes effect?
- Can I leave the ownership of my property to one person and the right to use it to another?
- Can I leave property in my will to a corporation or a religious organization?
- Can I leave a legacy to the spouse of someone who is not allowed to inherit from me?
- Can I let a third person decide which charities or causes receive part of my estate?
- Can I name a backup heir in case my first choice dies, refuses, or cannot inherit?
- Can I name two people to substitute for one heir, or one person for several heirs?
- A relative filed to become administrator of the estate — can I oppose and ask the court to appoint me instead?
- I don't think the person named as executor in my late relative's will should be allowed to serve — can I formally oppose that in court?
- I have to collate land given to me — can I recover what I spent preserving or improving it?
- Can I sue the executor or administrator directly to collect a debt, or must I file a claim in the estate case?
- My father was an acknowledged illegitimate child who died before his own father — can I take his place in that grandfather's estate?
- The will left me two gifts, one with a burden — can I take the free one and reject the burdened one?
- My parents want me to sign a waiver of my future inheritance now — will that document hold up?
- Can my parents sign a single will together leaving everything to whichever of them survives?
- I owe money — can my creditors stop me from giving up my share of an inheritance?
- Can my father's will leave it to my eldest brother to decide how much each of us gets?
- Can my father name a person who is not an heir to divide the estate after his death?
- Can my father revoke his Philippine will while he is living abroad?
- Can my father's spoken wishes be used to interpret an unclear part of his will?
- Can my will set a date when an heir's right to the property begins or ends?
- Can parents or guardians renounce an inheritance on behalf of a minor child?
- Can some heirs accept the inheritance while others refuse it?
- The company that issued the administrator's bond for my late relative's estate wants to get involved in the settlement of the administrator's account — are they actually allowed to participate in that proceeding?
- The estate administrator is neglecting the estate and has never accounted — can the court remove him?
- The executor of my father's estate has since died — can that person's own executor step in and continue administering my father's estate?
- Can the widow and minor children receive an allowance from the estate while the settlement case is still ongoing?
- Can the heir give me the cash value instead of the specific thing left to me in the will?
- My uncle signed a deed donating his expected inheritance to me — is that donation valid under Philippine law?
- Can a donor sign away his right to revoke a donation in case he later has children, so that the donee has permanent security?
- Can the caregiver who nursed my dying mother in her final months be validly named as an heir in the will she signed during that time?
- My father's will orders the estate to pay for a mass and set up a scholarship — are those charges deducted before computing the legitime?
- A deceased insolvent had promised a donation to a charitable institution — where does that gift rank among his debts in the insolvency proceedings?
- My father donated his property believing his eldest child was dead, and that child later turned up alive — is there grounds to revoke the donation?
- My child was convicted of adultery or concubinage with my spouse — can I disinherit them for that?
- I want to disinherit my child for leading a disgraceful life — what exactly must my will state for the disinheritance to stand?
- My child filed a criminal charge against me that was found groundless — is that enough to disinherit them?
- My child used threats and pressure to make me change my will — can I disinherit them for that?
- My child leads a notoriously disgraceful and dishonorable life — can I disinherit them for it?
- My child has physically abused me and spoken of me with contempt — can I disinherit them for maltreatment?
- If some of my parent's children are alive and others already died leaving their own children, how is the estate split among all of them?
- My father had children by two marriages — do the children of the first marriage get less than those of the second?
- My father gave away most of his property before he died — can I as an heir get some of it back?
- A co-heir damaged estate property through malice or neglect before the partition — must he make good the damage to the other heirs?
- A co-heir lost his inherited share to eviction years ago — is it now too late to make the others share the loss?
- My co-heirs want to keep the estate undivided — can I force a division even if the will forbids it?
- One of my siblings sold his share of the estate to a buyer we do not know — can the rest of us buy it back from that buyer?
- My brother wants to sell his share of our inherited land to a stranger — can the rest of us buy it first before he does?
- After partitioning inherited land among ourselves, I discovered my share had a hidden encumbrance — do I have a preferred claim on the divided land as against my co-heirs?
- One heir's share is subject to a condition that has not yet been fulfilled — can the rest of us still demand a partition now?
- My co-heirs cannot receive property of the same kind as what I was donated — what do they receive instead?
- A debt assigned to me in the partition later proved uncollectable — can I hold my co-heirs liable for that loss?
- I spent money preserving the land I have to collate — can I recover those necessary expenses from my co-heirs?
- After dividing the estate, are co-heirs bound to warrant each other's title to the property each received?
- There is a dispute among us heirs about which items must be collated — can we still distribute the rest of the estate in the meantime?
- Can my parent excuse me from collation when he made the gift while still alive?
- If I refuse to accept my inheritance, do I still have to collate the donation I received from the decedent?
- Land donated to me years ago has gone up in value many times — is it collated at the old or the current value?
- I received a gift from my parent before they died — do I have to count it toward my share of the estate when we inherit?
- We heirs signed a compromise agreement over the properties — is that treated as a partition even though it says otherwise?
- Can a will give a compulsory heir the right to choose between alternatives in a legacy?
- Can a compulsory heir give up, during the donor's lifetime, the right to later ask for the reduction of an inofficious donation?
- My father's will says I forfeit my inheritance if I ever marry — is that clause valid?
- My late husband's will says I lose my inheritance if I remarry — is that condition valid because it came from my own spouse?
- My father's will says I only get my legitime if I live in the province — must I comply with that condition to receive what the law already reserves for me?
- My father put several conditions in his will — are the rules on conditional obligations in the Civil Code the same ones used to decide whether I have complied?
- My spouse died — is our conjugal or community property liquidated in the estate proceeding itself?
- My late relative was actually holding a piece of land in trust for someone else when they died, not as their own property — can the administrator convey that land to the real beneficiary?
- Can someone convicted of trying to kill their parent still inherit from that parent if the parent died without a will?
- Can a person previously convicted of perjury serve as an attesting witness to a Philippine will?
- The administrator admitted and offered to pay part of a creditor's claim against my late relative's estate, but the creditor refused and pursued the rest — who pays the costs if the creditor doesn't win more than what was offered?
- Can the administrator sell estate property while the settlement case is pending, even if it is not needed to pay debts?
- The will says my brother inherits only starting on a future date — who owns and manages the property in the meantime?
- A court already declared my late grandfather's estate escheated to the city before anyone realized he actually had a granddaughter who could have inherited — can she still recover it now, and is there a deadline?
- A creditor filed a money claim against my late relative's estate — how much time does the administrator have to respond, and can they raise the deceased's own claims against that creditor as an offset?
- How long do creditors have to file their claims against a deceased person's estate?
- After the notice to creditors has been published and posted for my late relative's estate, how much time does the executor have to file proof of that with the court?
- They married in articulo mortis and the testator died within three months, but they had lived together for more than five years — does the widow still get the full half?
- My father married his girlfriend on his deathbed and died within three months — if they had lived together for less than five years, is the widow's legitime the standard half?
- My father owed substantial loans when he died — are those debts deducted before computing how much each heir's legitime is?
- My parent paid off my personal debts during their lifetime — must I bring the amount paid to collation when inheriting?
- The deceased owed me money and also left me a legacy — do I get both?
- My father tried to disinherit me but the disinheritance was defective — does the rest of his will still stand?
- We already divided our parents' estate, but one heir's share turned out to have a hidden problem — what can the other heirs do?
- A co-heir successfully sued me for lesion after our partition — do I have to redo the whole partition, or can I just pay the difference?
- The will leaves me 'the house on Rizal Street' without specifying the extent — does that give me full ownership or only whatever interest my father wanted to pass?
- A devise of land has to be reduced but the lot cannot be conveniently divided — who ends up owning it?
- I sold my share to a sibling before the estate was settled — did that count as accepting the inheritance?
- What is the difference between a decedent and a testator?
- What is the difference between an heir, a legatee and a devisee?
- My father keeps telling everyone he is cutting me out of his estate, but he hasn't put it in writing. Does that count?
- My father tried to disinherit me in his will but cited a reason that isn't actually one of the legal grounds — what happens to my share?
- My child attacked my spouse but not me personally — can I disinherit them for that attempt on my spouse's life?
- My father's will says I only inherit if I also leave something to him or to my sibling in my own will — is that kind of mutual condition valid?
- Do a person's rights and obligations end completely at death?
- Our child died intestate — do both parents split his estate equally, and what if only one of us is alive?
- Both my parents are gone — would my paternal and maternal grandparents split my estate equally?
- The will names 'A, B, and the children of C' as heirs — do those children share one portion or take individually?
- If a will leaves property to a mix of full-blood and half-blood siblings without saying otherwise, do they all get equal shares?
- Do full-blood siblings and half-blood siblings inherit differently in the Philippines?
- If a mix of full-blood and half-blood siblings survive to inherit, do the full-blood siblings get a bigger share?
- When grandchildren inherit in place of a dead parent, do they split the parent's share or each get a full one?
- Do I get the income earned on a generic legacy from the date of the testator's death?
- Do I inherit my parents' debts along with their property?
- Do I inherit my parent's debts when they die, or just the property?
- Do I need particular legal words to create a valid express trust?
- Do I owe my co-heirs the income earned on a gift I received before my parent died?
- Does an unworthy heir lose their inheritance automatically, or must we go to court to have them excluded?
- In intestate succession, does a closer relative shut out a more distant one?
- My father added a codicil to his will — does it need the same formalities as the will itself?
- Does making a codicil update or renew my existing will?
- A dispute arose over what must be collated — does it hold up the whole estate distribution?
- Does a devise of land give me the full interest the testator owned, or something less?
- The will forgave all debts owed to my father — does that cover debts incurred after the will was signed?
- My full brother and my half brother both survive our sibling who died without a will — do they get equal shares?
- Does a change in the law after I sign my will affect whether it was validly executed?
- My father owed me money and also left me a legacy — does the legacy cancel the debt?
- My spouse was the one who gave cause for our legal separation — does the decree bar them from my estate if I die?
- After the probate court approves how my late father's estate should be divided among the heirs, does the property automatically get transferred into our names, or does something else still need to happen?
- Does a substitute heir inherit the charges and conditions imposed on the original heir?
- The trustee managing my late uncle's trust believes selling a piece of the trust property is now necessary — can he do that on his own authority, or does he need the court's permission first?
- If my parent bought new property after signing their will, does the will automatically cover it too?
- Does a will have to be notarized in the Philippines to be valid?
- Does accepting or refusing an inheritance take effect from the death or only from the acceptance?
- Does the right of accretion apply to legatees and usufructuaries too, not just heirs?
- Does adding a codicil republish my earlier will?
- There's a contingent claim filed against my late relative's estate that hasn't become due or absolute yet — does the administrator have to hold back money to cover it just in case?
- Does an adopted child inherit from the adopting parent the same way a biological child would?
- Does an heir who absorbs a vacant share by accretion also take on its obligations?
- Does an illegitimate child really get only half of what a legitimate child gets?
- An illegitimate child died before his parent — does his legitime pass to his own children?
- I've been named trustee under my grandmother's will — do I have to post a bond before I can start managing the trust property, or can I be excused from that requirement?
- Does income my inheritance earns after my parent's death belong to me?
- If a special proceeding like a guardianship or estate case doesn't have its own specific procedural rule for a situation, can the court just apply the ordinary rules of civil procedure instead?
- My late relative's estate owes debts — does the administrator have to sell the real estate first, or does personal property get used up before real property is touched?
- Does Philippine law recognize trust rules that aren't spelled out in the Civil Code?
- Does the right of representation apply to grandparents or to cousins?
- Does the right of representation work upward to grandparents, or only downward?
- I revoked my second will — does my first will automatically come back to life?
- If I revoke the will that cancelled my earlier will, does the earlier will come back to life?
- The lot my parents donated to me years ago has tripled in value — which value counts when the estate is divided?
- Both my mother and father signed the deed of donation to me — how is the donation split between their two estates at collation?
- If a donation says it only takes effect if the donor outlives the person receiving it, is that still a donation made during the donor's lifetime?
- The lifetime gifts my father gave to his illegitimate child exceed what the law allows — are those gifts reduced, and by what rule?
- Is there a cap on how much I can give away as a gift during my lifetime, and what happens to the excess?
- My father gave me a piece of equipment worth more than five thousand pesos — must the donation be in writing, and what happens if it was not?
- If a donation is only meant to take effect after the donor dies, is it governed by donation rules or by the rules on wills?
- My father donated all his property and could not pay his debts — is there a presumption that the donation was made to defraud his creditors?
- My father donated property to an outsider before he died — does that come out of the free portion or out of our legitimes?
- My father gave money to his illegitimate child while he was alive — is that deducted from that child's legitime?
- My parent gave a joint donation to me and my spouse together — how much of it must I collate?
- My father donated his only house without reserving anything for his own support — can any of his dependents have the donation reduced?
- My father gave large gifts during his lifetime before dying — do those donations get added back to the estate when computing the legitime?
- My father gave me a house during his lifetime — when he dies, is that house counted against my legitime or against the free portion?
- My father gave a cash gift to his illegitimate child during his lifetime — is that gift charged to that child's legitime when the estate is settled?
- My father donated land to his friend before he died — is that donation taken from the free portion or from our legitimes as children?
- Someone took the property I received as a donation claiming a better title — can I sue the donor for warranty the way I could a seller?
- My mother donated land to me with no mention of debts — does that mean I am personally liable for whatever she owed at the time?
- A donation was revoked for ingratitude — from what date must the donee return the fruits or income the property produced?
- A donation was revoked because the donee breached a condition — must the donee return the income earned before or only after the breach?
- The donee transferred the donated land to a third person while my ingratitude revocation case was already annotated in the Registry of Property — can I still recover the land itself?
- I already received a gift from the decedent — how does that affect what I receive from the estate when it is divided?
- The donee sold the donated property to someone else before my revocation complaint for ingratitude was annotated in the Registry — can I recover the value of the property from the donee?
- Can I waive in advance the right to revoke a donation if the person I give it to later commits an act of ingratitude against me?
- The property my father donated to me had hidden defects he knew about — is he liable for those defects even though the donation was gratuitous?
- Can my mother donate all her assets to us children as long as we promise to support her, or must she keep some property in her own name?
- If someone dies with no known heirs, does the government automatically take over the property, or does it have to go to court first?
- My father's will has a conditional inheritance and no executor was named — who manages the estate while the condition is still pending, and which rules govern that administration?
- The estate my parent left has more debts than assets — which rules govern how creditors are paid?
- The State took my uncle's estate because no heirs came forward — how is the government required to use it?
- My father died owing more than he owned — do the children have to pay the difference out of their own pockets?
- The only estate property is a house that cannot be split — can one heir take it and pay the others in cash?
- My parents died over twenty years ago and their estate was never formally settled — can the heirs still divide it now, or has that right expired?
- My parent died and we have not yet divided the estate — who owns the properties in the meantime?
- My grandmother's will used the word 'and' between two names in a bequest — can one of us argue the other gets nothing by treating the word as mere surplusage?
- The administrator of my late relative's estate died before finishing paying off the estate's debts, and a new administrator was appointed — can that new administrator get more time to pay?
- Our parent died without a will and without debts — can we heirs divide the estate among ourselves without going to court?
- My father's will instituted my brother as heir because it said he helped run the business — that was false, can I challenge the institution on that ground?
- My father crossed out a name in his handwritten will and wrote in another — is the change valid?
- My father died without leaving a will — who does the law say inherits from him?
- My father found out my brother had been stealing from him, but forgave him before he died — can my brother still inherit despite that?
- My father was already showing signs of dementia when he signed his will — can that be used to challenge whether he understood what he was signing?
- My father suffered a stroke and lost his faculties after making his will — is the will still good?
- My father sold the car he had left me in his will before he died — do I get anything in its place?
- My father's will requires my brother to keep inherited land and pass it to my nephew later — must both my brother and my nephew be alive when my father dies?
- Can a fideicommissary substitution be implied from the language of the will, or must it be stated in plain terms?
- Can a will require the first heir to pass the property down through two generations of successive heirs?
- Can a fideicommissary substitution be imposed on my child's legitime?
- My brother as fiduciary heir must now hand the inherited property over to me — can he deduct the taxes and upkeep he paid before transferring?
- My father is a Filipino working in Japan and wants to make a will there following Japanese formalities — will that will be valid in the Philippines?
- The debtor on a credit assigned to me in the partition later went insolvent — is there a time limit to make co-heirs share the loss?
- Someone was entrusted by the previous administrator with part of my late relative's estate, but they won't hand over an accounting of it — how can the court force them to?
- My relative who died was a Philippine resident but died insolvent, and a creditor already proved their claim in a foreign court — does that foreign claim get added into the Philippine distribution among creditors?
- My father disinherited my brother years ago but they later reconciled before he died. Is the disinheritance still enforceable?
- My mother died without a will leaving four children — is her estate simply split into four equal parts?
- My father wants to name a backup heir in his will — what are the different types of substitution he can choose from under Philippine law?
- The donee never fulfilled the condition attached to the donation — how long does the donor have to file for revocation on that ground?
- My father made a donation and I was born a year later — how long does he have to file a case to revoke the donation on account of my birth?
- The estate was partitioned and I received far less than my fair share — how long do I have to sue for rescission on account of lesion?
- If I'm already entitled to a legitime as one of my father's children, can he still direct the free portion of his estate toward me specifically, so I inherit more than my siblings?
- I must collate land I received — from what date are the fruits of that land charged to the estate?
- My father's will leaves his estate to all his brothers and sisters without specifying amounts, and some of them are half-siblings — do full-blood and half-blood siblings get equal shares?
- The will left me a generic item and a third party took it — can I demand a replacement from the heir?
- Can a parent donate the family home to a charity or a mistress and leave his own children with nothing?
- My father died years before my grandfather did — can I still inherit my father's share from my grandfather's estate?
- I inherit from my grandparent in place of my deceased parent — must I collate more than my own gifts?
- My father died intestate and one of his children had already died leaving kids — do those grandchildren share equally with my surviving siblings?
- My grandfather died before the present Civil Code took effect - which law governs the inheritance of his estate?
- If my grandparent gave property to me, does my parent have to count it against their share of the estate?
- If no parents survive but grandparents on both the father's and mother's side do, how is the reserved half divided between them?
- If I renounce my inheritance share for free, but only to the co-heirs who would already get it anyway through accretion, is that treated as a repudiation or as an acceptance?
- On what specific grounds can a Philippine court refuse to allow, or disallow, a will during probate?
- On what specific grounds can a sibling ask the court to throw out our late parent's will?
- What grounds does the law allow a dying spouse to cite to disinherit an unfaithful husband or wife?
- My guardian is named as heir in my will — can the gift still stand before the guardianship accounts are approved?
- We were legally separated and the court found me at fault — can I still inherit if my spouse dies before me?
- The only survivors are half-siblings, some on the father's side and some on the mother's — do they share equally?
- My mother wrote her will entirely by hand and never showed it to anyone before she died. Is it still legally valid?
- I want to sell an inherited property that cannot be divided rather than let one sibling keep it — can I insist on a public auction?
- The heir charged with choosing between two legacies died without choosing — does that right pass to his own heirs?
- The will names my brother as an 'heir' and gives me a specific piece of land — am I an heir or something else, and does the distinction matter?
- An heir concealed or destroyed our parent's will — can we have them excluded from the estate for that?
- I'm both a devisee under my father's will and one of his children entitled to a legitime. If the land he left me has to be reduced to protect my siblings' shares, can I keep the whole lot anyway?
- An heir dies before the date set in the will arrives — do his own heirs still inherit?
- An heir filed a criminal complaint against the deceased that was found to be groundless — can we have them excluded?
- An heir forged or falsified a will in their own favor — can they still inherit anything from the estate?
- If a will gives a compulsory heir less than their legally reserved share, can that heir demand the rest?
- My grandfather's will describes his heir as 'my youngest daughter who lives with me' without writing her name — is that institution valid?
- An adult heir knew our parent was violently killed but did not report it to police within a month — can they still inherit?
- My father left an extra share to my brother in his will, stating it was because my brother supported him for years — but that wasn't actually true. Does that cancel the gift?
- As an heir I voluntarily paid my late parent's debt that exceeded what I inherited — can I take that payment back?
- An heir voluntarily paid a legacy written in a defective will that was declared void — can the heir demand the payment back?
- An heir stopped our parent from making a will — can they be declared unworthy even though they were not convicted?
- An heir surfaced years after the State had already taken over the estate — can he still claim it?
- An heir deceived our parent into changing the will in their favor — is that enough to have them declared unworthy?
- An heir was convicted of adultery or concubinage with my parent's spouse — can we have them excluded from the estate?
- My sibling abandoned his own children before our parent died — can we have him declared unworthy to inherit?
- Can someone who physically attacked their parent still legally inherit from that parent?
- I sold most of the real property I received in the partition — can I still sue for rescission on the ground that I got less than my share?
- My late father's heirs are disputing that he forgave my debt when he handed back my promissory note, saying it improperly cut into their inheritance. How do I defend that?
- My father's will says 'I leave everything to my three children' but specifies no individual shares — how much does each get?
- We heirs took possession of estate property before the debts were settled — can the court make us contribute to pay them?
- My siblings are contesting my mother's handwritten will — how many witnesses are needed to prove it is in her handwriting?
- My mother wrote her will entirely in her own handwriting and signed it but forgot to put any date on it — is the will valid?
- Can a handwritten holographic will be valid in the Philippines even if no one witnessed it being written or signed?
- The administrator denied a creditor's claim against my late relative's estate — what happens procedurally next to actually resolve the dispute between them?
- How will the heirs be notified of the hearing on the probate of a will?
- How can a deaf or deaf-mute person make a valid will?
- If a clause in a will can be read two different ways, how do courts decide which interpretation to follow?
- Someone who owed me money died — how do I file my claim against the estate?
- How do I formally oppose the probate of a will I believe is invalid?
- How does a deaf-mute who cannot read or write accept an inheritance?
- How does a deaf or deaf-mute testator read and understand their will when signing?
- How distant a relative can still inherit from someone who died without a will?
- The court has already ordered the distribution of my late relative's estate assets among the creditors — how quickly does the administrator actually have to pay out once that order is issued?
- My relative who died was living abroad and died insolvent, but left property here in the Philippines — how does that Philippine property get distributed among their creditors?
- For inheritance purposes, how does Philippine law count how closely two relatives are related, and what are the 'descending' and 'ascending' lines?
- How much time does an executor or administrator get to pay the estate's debts and legacies?
- How long do I have to accept or refuse an inheritance in a settlement, and what happens if I stay silent?
- How long do an omitted heir or an unpaid creditor have to go after the heirs who signed an extrajudicial settlement?
- How long does an executor or administrator have to submit the inventory of the estate?
- How long do we have to sue to exclude a disqualified heir and recover the property?
- How many degrees away is my brother, uncle, or cousin for purposes of inheritance?
- How many witnesses does a typewritten will need in the Philippines, and what exactly must they sign?
- If nobody shows up to contest my late parent's will at the probate hearing, how many of the witnesses actually have to testify to get it allowed?
- Does an executor or administrator have to post a bond before taking over the estate, and how much?
- How much can an illegitimate child inherit compared to a legitimate child?
- How much of an estate can a person actually give away freely in a will if they have children?
- I have no children but my parents are alive — how much of my estate must my will leave them?
- If the government files an escheat petition over my late neighbor's unclaimed estate, how much notice does the law actually give any potential heirs who might still be out there before the court decides the case?
- If someone dies without children but their parents are alive, how much of the estate is legally reserved for the parents?
- How much of a parent's estate is legally reserved for their legitimate children, no matter what the will says?
- Once the court issues the notice to creditors for my late relative's estate, how exactly does the executor have to publicize it so that creditors actually find out?
- How does Philippine law actually count the 'degree' of relationship between family members for inheritance purposes?
- How do I apply for letters of administration over a deceased relative's estate?
- How do you count the degrees of relationship to decide who inherits?
- How do I file a petition for probate of my parent's will, and what must it contain?
- How do you get a handwritten will accepted by the court when the person who wrote it has already died?
- My husband died without a will, without children and without living parents — do I inherit everything?
- I already accepted an inheritance — can I change my mind and refuse it later?
- I already sold the property I got from the estate — can I still sue to undo an unfair partition?
- I received a gift during my parent's lifetime — how does that reduce my inheritance share?
- The will says I inherit at a future date — if I die before then, do my heirs still get it?
- I lost a legacy given only by its kind to a third party's claim — can I demand another from the heir?
- I renounced my father's estate — can I still represent him in my grandfather's estate later on?
- I was given legal title by a donation but told I would get no benefit from it, am I just a trustee?
- If a compulsory heir repudiates, do the others take his legitime by accretion?
- If a will can be read two ways, which interpretation does the court choose?
- If I die after the testator but before receiving my legacy, do my heirs get it?
- I put an illegal condition on an inheritance — does the heir lose it?
- My illegitimate brother died leaving a wife and us, his brothers and sisters — how much goes to the widow?
- An illegitimate child died without any children of his own — do both acknowledged parents inherit, and in what shares?
- My father died leaving an illegitimate child who claims a share of the estate — must that child prove his filiation before receiving anything?
- My illegitimate child wants to inherit from their legitimate half-brother who died without a will — is that allowed?
- My illegitimate son died leaving only a widow — do his parents still get a legitime?
- My father left only illegitimate children and no other compulsory heirs — how much of the estate is reserved for them?
- My son died leaving me his mother and his illegitimate children — how much is reserved for those children?
- My father left no legitimate children and no living ascendants — do his illegitimate children take the entire estate?
- Illegitimate children survive along with the children of another illegitimate child who died first — how is the estate split?
- My illegitimate father died before my grandfather — can I claim my father's legitime from my grandfather's estate?
- If someone dies leaving an illegitimate child and their own parents are still alive, what share does the illegitimate child get?
- If an illegitimate person dies with no surviving parent, does their spouse inherit everything, or do siblings get a share too?
- My illegitimate son died and he left legitimate children of his own behind — do I as his surviving parent receive any legitime from his estate, or am I completely cut out?
- My grandfather's will says I inherit only if I walk across the country barefoot — does that void my inheritance?
- The will left property to us 'in equal shares' — if one heir drops out, do the others absorb his portion?
- In intestate succession, if one heir refuses his share, who gets it?
- In what condition is a thing left to me in a will delivered — as it was at the testator's death?
- When co-heirs absorb a vacant share by accretion, in what proportion do they take it?
- My grandfather's will says the family house may never be sold by any heir — is that clause enforceable?
- My father's will mentions a separate list describing who gets which pieces of furniture — must that list have existed before the will was signed for it to be part of the will?
- One of the inherited properties cannot be physically divided without ruining it — how do we deal with it in the partition?
- If my mother left a note naming who should get her jewelry, but it wasn't signed the way a will has to be, does that still count as testamentary succession?
- The person who committed an act of ingratitude against the donor died before the donor sued — can the action still be brought against that person's heirs?
- My father had the right to revoke a donation for ingratitude but died before filing a case — can we as his heirs continue or start that action?
- My grandfather died before the new Civil Code took effect and his estate was never settled — does the old Civil Code still govern how his estate is divided?
- I inherited land but the legal title was placed in another person's name — is there a trust in my favor as the true owner?
- Inherited land was titled in a relative's name, is he holding it in trust for the true heir?
- My father gave away property that turns out to be inofficious — can the donee keep the income and harvest from that property while my father is still alive?
- A donation that exceeds what the donor could freely give away turns out to be inofficious — does the donee still own the property during the donor's lifetime?
- The estate's debts are bigger than its assets — in what order does the administrator pay the creditors?
- The person my father named as his heir turned out to be legally incapacitated to inherit — is the rest of the will void, or does it still operate?
- Can a will leave property to someone for a specific purpose or cause, such as building a school or supporting a charity?
- Can my father's will make my inheritance conditional on me finishing college or caring for a sibling?
- One reading of my father's will would leave part of the estate without an heir — is the court required to choose the interpretation that avoids intestacy?
- If a court throws out part of my father's will, does the property covered by that invalid portion get distributed as intestate succession, making it a 'mixed succession'?
- Is a foreigner's will made abroad valid in the Philippines?
- A foreigner signed his will in the Philippines following his home country's law — is it valid here?
- If my parent gives me property for free while they are still alive, is that legally a 'donation' under Philippine law?
- Is a legacy of a generic thing valid even if the estate has none of that thing?
- My parent gave a gift to my spouse — is it collated when I inherit?
- The will left me property 'to build a school' — is that a condition I must meet before I can inherit?
- My late relative left a will — does it automatically control who gets the real estate and personal property, or does it need to go through court first?
- Part of my late relative's estate lost value while under administration, through no fault of the administrator — is the administrator personally liable for that loss, and can they pocket the difference if something instead sold for more than its appraised value?
- Some debts owed to my late relative's estate turned out uncollectible even though the administrator tried to collect them — is the administrator personally responsible for making up that shortfall?
- Is property given to me in the will added back when computing my siblings' shares?
- Is the surviving spouse's legitime taken out of the children's half or out of the free portion?
- My uncle's will only gives away specific items but never formally names an heir to the rest — is the will still valid?
- My Filipino parents who live in Singapore made a joint will together there, which is allowed under Singaporean law — is it valid in the Philippines?
- Can I keep the legacy I want and reject the other one that has obligations attached?
- My father gave my brother a lot while he was still alive — is it charged against my brother's legitime?
- What law governs the appointment and duties of an executor or administrator of a deceased person's estate?
- Can I leave property in my will to an unnamed person or to a group of people?
- Can I use my will to forgive a debt someone owes me by leaving it to them as a legacy?
- I was left property that someone else has a usufruct over — can I take full possession now?
- If a will sets aside money for a beneficiary's education or support, how long does that legacy actually last?
- The will gives someone a lifetime usufruct worth more than the free portion — what can the compulsory heirs do about it?
- The will left me something that belonged to someone else — under what circumstances does such a legacy actually hold up?
- We were legally separated and I was the one who gave cause — can I still inherit from my spouse?
- The testator left me a credit against a third person — if I die before the testator, do my heirs inherit the right to collect?
- The will left me a debt owed to the testator — what exactly does the estate have to give me to satisfy that legacy?
- My father died without a will leaving both legitimate and illegitimate children — in what proportion do they divide it?
- What exactly is the legitime, and why can a testator not give it away freely?
- They married while he was dying and he passed away weeks later — does the widow still get half the estate?
- I was a minor when my relatives divided the estate and the two-year period has lapsed — can I still claim my share?
- What happens to my claim if I miss the deadline for filing claims against the estate?
- After how many years is a person who went missing in a shipwreck, plane crash, or during war legally presumed dead for all purposes including dividing their estate?
- My father left a will that only covers half his property — does the other half go by intestacy or is the whole estate distributed by the will?
- My inheritance was left with a stated purpose — can I demand the property now without waiting to fulfill the purpose, and what must I provide first?
- The will required an heir to use the property in a way that has become impossible through no fault of the heir — does the heir lose the inheritance?
- The will says my brother inherits the land 'so that he may care for our elderly mother' — must he prove he has cared for her before he can claim the inheritance?
- Do the tuition and school expenses my parents paid for me get subtracted from my share when the estate is divided?
- The donee mortgaged the donated property before my complaint for revocation for ingratitude was annotated — does the mortgage survive revocation?
- My mother was publicly known to be mentally ill weeks before she signed her will — who has to prove what?
- My son died intestate survived by me his mother, his wife and an illegitimate child — what fraction does each of us take?
- My father died without a will, survived by my mother and three children — how much does my mother actually get?
- Must a beneficiary actually accept a trust that imposes an onerous condition on him?
- Does a trust beneficiary have to formally accept before he can benefit from the trust?
- Someone is contesting my late relative's will — do all the original subscribing witnesses actually have to be produced and examined in court?
- I signed a void renunciation of my future legitime and received money under it — if I claim my full legitime after my parent dies, must I account for what I already received?
- I inherit from my grandfather in place of my late father — must I report gifts grandfather gave my father?
- I inherited land from my son that he had received free from his late father — must I reserve it for anyone?
- Is the administrator of my late relative's estate required to keep the estate's houses and structures in good repair while the estate is being settled, or can they let them deteriorate until distribution?
- The will ordered payment of a debt my father thought he owed but didn't — must the estate pay it?
- Must the first heir in a fideicommissary substitution hand over the property, and can he deduct anything?
- My son died without a will and without children — do I inherit ahead of his brothers and sisters?
- My late brother left three children — do they split only his one share among themselves?
- My father divided the estate himself in his will and I got less — can I challenge it for lesion?
- My father left me property he only partly owned — do I get the whole thing or just his share?
- My father left money 'for prayers for his soul' without details — where does it go?
- My father left me a debt owed to him, then sued the debtor before dying — do I still get the legacy?
- My father's will gave away only part of his estate — who gets the rest?
- My father's will left property 'to my relatives' — which relatives actually get it?
- My inheritance came with an impossible or unlawful condition — do I lose the gift?
- My father's will did not write my full name — is my inheritance still valid?
- My father was disinherited by my grandfather — can I still inherit from my grandfather's estate?
- My parent was excluded from inheriting for incapacity — can I, his child, still get his legitime?
- My relative died before accepting an inheritance he was entitled to — do we inherit his right to accept?
- My share of the estate turned out to be worth far less than my siblings' — can I have the partition undone, and by when?
- My son died intestate leaving me his mother and several illegitimate children — how much do I get?
- The person named in my grandmother's will died before she did — do his own children take his place?
- If someone named in a will dies before the person who made it, what happens to the share they would have received?
- What happens to a specific item left in a will if the person named to receive it refuses to accept it?
- My mother died without children; her father and her paternal grandfather are both alive — does the grandfather share with the father or does the father take everything?
- The will says I inherit only if I never practice a certain profession — how do I claim the inheritance now if the condition can never be finally proved met?
- If some of my late parent's siblings are gone but left children, how do those nephews and nieces share the inheritance with the siblings who are still alive?
- My new will revokes my old one, but the new heir refuses the inheritance — is the old will still revoked?
- Can a parent impose a condition or a charge on the portion of the estate that the law reserves for his children as their legitime?
- My mother is alive and I have no children — what portion would my spouse get from my estate?
- I have no children, no living parents, and no spouse — can I leave my entire estate to my best friend by will?
- My uncle died with no children, no living parents and no spouse — do his brothers and sisters take the whole estate?
- The will created a legacy but did not charge any particular heir with paying it — who is responsible?
- There are no brothers, sisters, nephews or nieces left — which relatives inherit next, and does full blood matter?
- A share in the will lapsed with no substitute and no accretion — who gets it?
- My father died without a will — do his children inherit ahead of his own parents and his siblings?
- Nobody wants to take the indivisible property and pay the others in cash — is it sold at auction?
- Can a foreigner who is not domiciled in the Philippines serve as a witness to a will executed here?
- My parents are both Filipino OFWs and signed one joint will together while working overseas — is that valid?
- My father is working in Dubai and wants to make a will there — will it hold up for his property in the Philippines?
- My father made several large donations over the years and they exceed what he could legally give — which donations are reduced first, the oldest or the newest?
- My father's will omitted my sibling but that sibling died before my father — does that preterition still annul the institution of heirs?
- My sibling was left out of the will — where does the court first find the property to satisfy his share, from the undisposed estate or from the other heirs' shares?
- We forgot to include one piece of land in our estate partition — does that mistake void the whole partition?
- My father's will doesn't mention one of his children at all — not even to disinherit them. Does that cancel the whole will?
- A co-heir lost his share to eviction and another co-heir is insolvent — how is the loss shared?
- One co-heir's share in a will lapsed — does the rest of us absorb it automatically by accretion?
- One gift in the will is void — does that make the whole will void?
- One heir has been collecting the rent on estate property for years — must he account for it when we divide?
- If one heir damages property left to someone else, are all the heirs in possession liable?
- Can one heir force the rest of the family to divide the estate even if everyone else wants to wait?
- If one heir in the same degree refuses the inheritance, where does his share go?
- One heir was completely left out when the family divided the estate — is the partition void?
- If one part of a will is invalid, does the whole will fail?
- One of several relatives in the same degree cannot inherit — who gets his share?
- Can my father's will name a single person as substitute for two different heirs at the same time?
- One title covers several lots we divided among us — who keeps the original title?
- When does the one-year period to revoke a donation for ingratitude start running — from when the act occurred or from when the donor learned of it?
- My donation required me to pay a debt of the donor — if I am later evicted from the donated property, can I recover from the donor up to the amount of that burden?
- If a person dies leaving only full-blood brothers and sisters, and no spouse, children, or parents, how is the estate divided among them?
- Only half-blood siblings survive and there is no full-blood sibling — do they all share equally?
- My brother died childless and only our mother is alive — does she take the whole legitime reserved for parents?
- My uncle promised to give me his car but handed me no document and did not deliver it that day — is the donation valid?
- My aunt handed me jewellery worth under five thousand pesos and said it was a gift — is that a valid donation even without a written document?
- Can my mother donate the naked ownership of her land to me and the usufruct to my sibling at the same time?
- My parent abandoned me when I was a child — can I disinherit them in my own will?
- My father wants to keep the family farm intact and give us our shares in cash instead — can he do that?
- My parent was convicted of attempting to kill me — can I disinherit them for that?
- My parent accused me of a serious crime that was found to be false — can I disinherit them for that?
- Can a parent give one child a gift while alive and expressly say it will not be deducted from that child's future inheritance?
- My parent had their parental authority over me legally terminated by the court — can I disinherit them for that?
- My parent refused to provide support without any justifiable reason — can I disinherit them in my will?
- My father tried to kill my mother — can I disinherit him in my will for that, even if they later reconciled?
- My parents died together in the same accident and no one can tell who died first — how does that affect who inherits from whom?
- My father left both legitimate children and his own parents alive — do the grandparents still get anything from my father's estate?
- My parent received gifts from my grandfather when young — must my parent bring those gifts to collation when inheriting from my grandfather?
- My parents paid off my loans and fines while they were alive — does that count against my inheritance?
- The parish priest who heard my mother's last confession is named in her will — can he legally inherit?
- My parent divided the estate among us in his will — is that partition valid even before we go to court?
- Can an estate partition be annulled on the same grounds as a contract — such as fraud or mistake?
- Once the estate is partitioned, does each heir become the sole owner of the property assigned to him?
- Can the heirs divide the value of the estate rather than the physical property itself?
- The estate was divided with a person who turned out not to be an heir — is the entire partition voided?
- One creditor's claim against my late relative's estate is on appeal — does that hold up payment to all the other creditors whose claims are already settled and allowed?
- I'm holding my late relative's will, or I was named executor in it — is there a penalty if I just sit on it instead of bringing it to court?
- The interested party deliberately made it impossible for me to fulfill the purpose stated in the will — am I treated as having complied with it?
- The borrower died and his three heirs each paid their share of the debt - can each heir demand that his proportionate share of the pledged item be released?
- My father donated property before I was born — can my birth after the donation be a ground for my father to revoke it?
- An heir was accidentally left out of the estate partition — must the whole partition be redone?
- My father's will completely omits one of his children — does that void the entire will, or only the institution of heirs while leaving specific gifts intact?
- My relative's will was already probated abroad — what do I need to file in the Philippines to have that foreign probate recognized here, and does the court still hold a hearing?
- My parent spent a large sum putting me through law school — must that be counted against my share of the estate?
- My father bought a condominium years after signing his will — is it covered by the will?
- My parent left me property by will — do I have to bring it into collation with property the other heirs received?
- My father left property to someone disqualified by routing it through another person — is that valid?
- The donee pledged my donated property before my revocation complaint was annotated — can I claim the sum the donee received for the pledge?
- None of the subscribing witnesses to my late relative's will lives in the province where we filed for probate — how can their testimony still be taken?
- My inheritance comes with a condition that I must do something entirely within my own power — when exactly must I fulfill it?
- What specific reasons does the law actually allow for a parent to disinherit a child?
- If a will names heirs as each other's reciprocal substitutes and there are two substitutes for one heir, how is the substitution share split between those two?
- My father acknowledged an illegitimate child in his will and then revoked the will — does that acknowledgment still stand?
- A relative took the deceased's money and belongings before any administrator was appointed — what is their liability?
- My parent's confessor cannot inherit from the will — can his relatives or his religious order still inherit?
- My grandfather donated everything he owns to my father but my grandfather is also supporting my disabled uncle — can the donation be reduced?
- The estate cannot pay all the legacies — does a remuneratory legacy get paid before one the testator declared preferential?
- My parents convinced me to sign a document renouncing my share of their estate while they are still alive — is that document enforceable?
- If someone accepts a donation on behalf of a person who cannot do so himself, must they still notify the donor?
- My father's old will was void for defective form — can he simply republish it by reference in a new will, or must he restate all the dispositions?
- I must reserve property under the reserva troncal rule — for whom exactly must the reserve be kept, and how far does the family line extend?
- My father donated his house but reserved the right to sell it or take back a sum of money from it — he died without ever using that right, so who gets the property?
- My father included a reversion clause in his donation in favor of a third person who was not alive at the time — is the whole donation void or just that clause?
- My father's donation includes a clause that the property reverts to my cousins if I die — is that clause valid if those cousins were not yet born when the donation was made?
- My father revoked his Philippine will while he was living in the United States — must the revocation follow Philippine law or the law of the state where he revoked it?
- My sibling tore up my father's will at my father's request but without him being present — is that a valid revocation?
- My father's will was accidentally burned in a fire — is it considered revoked?
- My father donated land on condition the donee build a clinic, and the donee died without building it — can my father still revoke the donation against the donee's heirs?
- My father revoked his will because he falsely believed my sibling had defrauded him — is that revocation valid?
- A donation was revoked because a child was born, but the donee had already sold the land — does the donee still have to return something?
- The donation was revoked but the donee had already mortgaged the land to a bank — can the donor redeem that mortgage and recover the amount from the donee?
- My father tore up his will because he wrongly believed my brother had died abroad — now that we know that's false, is the revocation still valid?
- My father acknowledged a child outside marriage in a will that he later revoked — does revoking the will also erase that acknowledgment?
- The donee sold the donated land before my revocation complaint for ingratitude was recorded in the Registry of Property — is the buyer protected?
- I sold my entire inheritance without listing the specific items. What exactly do I warrant to the buyer?
- I was named as second heir in a fideicommissary substitution and died before the first heir had to hand over — do my own children step into my place?
- When exactly does my right as the second heir in a fideicommissary substitution vest — at the testator's death or when the first heir transfers the property to me?
- My late relative had acquired a piece of land through a foreclosure or execution sale before they died — can the administrator sell or mortgage that particular property the same way as other estate real estate?
- There are two of us appointed as co-administrators of my late parent's estate — does each of us have to post our own separate bond, or can we file one bond together?
- My father's will gives three heirs shares that together exceed one hundred percent of the estate — how is that corrected?
- The will gives three heirs shares that together add up to only eighty percent of the estate — who gets the remaining twenty percent?
- The will left money for a grandchild's education and they have now graduated — does the legacy automatically stop?
- My sister was given a condo by our mother years before she died — does that get deducted from my sister's share of the estate now?
- My uncle died leaving brothers plus the children of a brother who died earlier — how is his estate divided?
- I am the only heir — can I transfer the whole estate to myself by affidavit without a court case?
- If someone dies leaving only a surviving spouse, with no children or parents alive, how much of the estate does the spouse get?
- One of my solidary debtors died — do I file a claim against his estate for the whole debt or only his share?
- Some estate property was left out of our partition — do we redo the whole thing?
- Someone is holding my father's will and refuses to bring it out — are they legally required to deliver it, and what happens if they don't?
- My mother suffers from mild depression — does that alone mean she lacks the mental capacity to make a valid will?
- The estate cannot cover all legacies and I was left a specific item — do I rank ahead of general cash legacies?
- A man leaves a widow and illegitimate children but no legitimate children — how much can his will freely give away?
- My spouse was convicted of an attempt on my child's life — can I disinherit them for that?
- My spouse filed a criminal charge against me and it was found to be false — is that grounds to disinherit them?
- My spouse gave grounds for legal separation — can I disinherit them even if I never filed a case?
- My wife is my only compulsory heir — how much of my estate can I give away by will?
- A man dies leaving his parents, his wife and an illegitimate child — what fraction goes to each?
- My spouse used intimidation to get me to change my will in their favor — can I disinherit them for it?
- My spouse has refused without justification to support our children — can I disinherit them in my will for that?
- What procedure must the government follow before it can take possession of property that escheats to the State?
- The attestation clause of my father's will has a technical defect but the will was genuinely executed — can the will still be admitted to probate?
- My father's will requires my brother to personally care for our mother as a condition of inheriting. Can my father write the will so that if a substitute takes my brother's place, the substitute must fulfill that same personal-care condition too?
- My father died before he could formally accept an inheritance left to him — had his rights to that inheritance already passed to us at the moment he died?
- My grandmother's will gives my father a usufruct, and after him the same usufruct to me — is this a valid arrangement, and which rules govern it?
- My parent paid for my education and medical bills over the years — do those payments have to be collated when the estate is distributed?
- The estate is not enough to pay both a support legacy and an education legacy — which one gets paid first?
- My father died leaving a surviving spouse and three legitimate children — is the spouse's legitime equal to one legitimate child's share?
- My sibling died leaving a surviving spouse and our living parents but no children — what fraction of the estate is the spouse's legitime?
- What share does a surviving spouse inherit when there are legitimate children and illegitimate children from another relationship?
- If someone dies leaving a surviving spouse and illegitimate children but no legitimate ones, how is the estate divided between them?
- If my parent dies leaving a surviving spouse and just one legitimate child, what share is the spouse legally entitled to?
- How long do I have to sue my co-heirs to enforce the reciprocal warranty after our estate was partitioned?
- Can my father's will give my sibling the power to decide whether my inheritance actually takes effect or not?
- My father's will leaves a large legacy to a stranger that eats into our legitimes — can we demand it be reduced, and must we ask a court to do it?
- If the person who made a will loses mental capacity afterward, does that cancel the will they already signed while competent?
- Can I leave in my will a sum of money for a third person to distribute among deserving students or scholars of his choice?
- Can my father file a court petition to have his will probated and approved while he is still alive?
- My father's will gives all his property to charity and gives his children nothing — is that will valid or can the children demand their shares?
- My grandmother was publicly known to be insane one month before she signed her will — can the will be saved if someone proves she had a lucid interval at the exact moment of signing?
- Can my parent name someone who is not an heir to carry out the actual division of the estate after death?
- My father died with a pending lawsuit for property he was claiming — does that right to claim pass to us as heirs, and do we also get property the estate acquires after his death?
- My father divided the estate by will and I received less than my siblings — can I sue to rescind the partition for lesion?
- The estate is not enough to cover every gift in the will — which ones get paid first?
- The fideicommissary clause in the will is void — does the first heir still inherit?
- My father's second will revoked the first, but its heirs renounced — is the first will revived?
- The house left to me in my father's will is mortgaged — do I have to shoulder the loan?
- The person I named as trustee declined the role, does the trust fail?
- The person who was given the right to choose the legacy died before choosing — who chooses now?
- The property left to me is under someone's usufruct — can I take it free of that right?
- The purpose my inheritance was left for cannot be carried out exactly — do I lose it?
- The second heir in a fideicommissary substitution died before receiving — do his own heirs take the property?
- The shares in my father's will add up to more than the whole estate — how is that resolved?
- The heirs' shares in the will don't add up to the whole estate — what happens to the leftover?
- The law on will formalities changed after my father signed his will — which law applies?
- The will leaves me property I already own but orders it freed of a mortgage — is that gift worth anything?
- My father's will left me something, but less than my legitime — can I demand the difference?
- The will left me something I already owned but later sold — can I claim its value?
- The will left money 'to the poor' without naming anyone — who actually benefits?
- The will expressly lets me choose my legacy — can I pick whichever I prefer?
- The will got the name of the item left to me wrong — is the gift void?
- The will orders that a thing owned by someone else be bought for me — what if the owner refuses to sell?
- My mother's will refers to a separate handwritten list of who gets which item — is that list part of the will?
- The will says I inherit only if I never do a certain thing — how can I claim it now?
- What are the three kinds of succession recognized in the Philippines?
- After partition, who holds the title document to each inherited property?
- If my mother tore up her old will before writing a new one, does the new will automatically take over?
- Can a trust company be appointed as the guardian of the person of my minor child?
- What is the difference between a trustor, a trustee, and a beneficiary of a trust?
- Can my father's will forbid us from selling the inherited land for twenty years, or is any such restriction automatically void?
- Two heirs took possession of the estate and one damaged property meant for a legatee — who is liable?
- My father's will names 'Jose Santos' as heir and there are two people by that name in the family — what happens if the will does not tell them apart?
- Someone destroyed my father's will without his authority — can the will still be admitted to probate if we can prove its contents and proper execution?
- My daughter-in-law is pregnant and my son just died — does the unborn grandchild still in the womb have any right to inherit?
- My uncle formally refused his share of my grandmother's estate — can his own children step in and claim it instead?
- My handwritten will has some undated entries — are they still valid?
- We all accepted the estate as intestate heirs and then a will turned up — can the acceptance be undone?
- The will leaves me a legacy on condition I commit an act that is against the law — does that condition defeat my legacy?
- An heir sold estate property before the court declared him unworthy — is the sale to the buyer still valid?
- If someone who was legally disqualified from inheriting already took possession of estate property, can they be forced to give it back?
- An unworthy heir has to return what he took from the estate — must he also account for income and fruits?
- Can a will leave a widowed person the right to use and enjoy a property only for as long as she remains unmarried?
- The fideicommissary clause in my father's will is void because the second heir was not alive when my father died — does that cancel my inheritance entirely?
- I lost the property I received in the partition because of something I did wrong — can I still ask the co-heirs to cover my loss?
- My father made the partition in his will — are we co-heirs still bound to warrant each other's shares?
- A co-heir's property was lost to a third party after partition — how much do the other heirs have to contribute to cover the loss?
- My parents gave us jewelry and clothing as a wedding gift — can those be reduced as inofficious donations?
- Besides land and money, what other kinds of things or rights can be left to someone as a legacy under the Civil Code?
- A special administrator was appointed for my late relative's estate while the regular administration fight is pending — what exactly is that person allowed to do, and are they on the hook for the deceased's debts?
- My illegitimate son died leaving no spouse and no children — how much of his estate is reserved for me as his parent?
- If I name a substitute heir without stating the reason, which situations does it cover?
- What does it actually mean, legally, for a will to 'institute' someone as an heir?
- Once an estate is partitioned, what exactly does each heir end up owning?
- If a person declared legally absent returns, what property can they recover and are they entitled to rents and fruits that were collected while they were gone?
- Does a person need to be in perfect mental condition to validly make a will, or is a lower standard enough?
- What does the seller of an inheritance owe the buyer for fruits already collected?
- When the estate inventory is being drawn up, are things like my late parent's clothes, the marriage bed, or the family's remaining groceries supposed to be listed as estate assets?
- Once the court is satisfied and allows my late relative's will, what document gets attached to it, and does anything need to be recorded with the Register of Deeds?
- What happens to a person's estate if they die with no will and literally no relative can be found to inherit it?
- What happens to the estate of someone who dies with no will and no surviving relatives at all?
- What happens to inheritance rights if an adoption is later rescinded?
- Once a Philippine court allows a will that was already probated abroad, what letters get issued and how is the estate here actually distributed?
- If a court is satisfied that my late relative left no heirs and the escheat publication was properly done, does the town or city simply get to keep his entire estate, or is there a limit on what actually passes to them?
- The trustee named in a trust document my mother set up during her lifetime has since died, and the document doesn't say what happens next — can the court name a replacement, and does the trust property have to be formally transferred to him?
- The administrator of my late relative's estate fully admitted a creditor's claim in their answer — does the court still need to hold a hearing before approving that claim?
- My late parent's will names three of us as co-executors, but one is refusing to accept the trust — does that stop the rest of us from being appointed?
- What is a codicil, and does it have to follow the same formalities as the original will?
- What is a fideicommissary substitution, where one heir is told to preserve the inheritance for someone else later?
- What is a substitute heir, and when does the substitute actually inherit?
- When my late relative's administrator files their accounting with the court, what exactly are they required to include and be charged for in that account?
- What is the legitime and can it be taken away from an heir?
- What does it mean when a will names a 'substitute' heir, and when does that substitute actually inherit?
- What is succession under Philippine law?
- What is testamentary succession under Philippine law?
- The will left a legacy for someone's support but did not specify the amount — how is it determined?
- What is the legally correct way to formally reject an inheritance?
- What does it mean to inherit 'by representation' instead of in your own right?
- What kinds of property can actually be left to someone as a specific legacy in a will?
- Does a will have to be written in a specific language to be valid?
- I want to file a petition to change my name — is that treated as an ordinary lawsuit, or does it fall under a different set of court rules?
- Does an estate have to be divided through a formal court process to count as a legal partition, or can heirs do it another way?
- What legally makes a document a 'will' under Philippine law?
- Before a special administrator can start acting for my late relative's estate, what exactly does their bond have to promise?
- At the hearing on a petition for letters of administration, what does the court actually need to be satisfied of before it will order letters issued?
- I named my heirs as each other's substitutes in unequal shares — what share does the substitute get?
- When are co-heirs not liable to warrant each other's shares against eviction?
- The administrator of my late relative's estate wants to sell some of the personal property — under what circumstances can the court actually authorize that sale?
- My father's will left me a monthly pension — when can I collect the first payment?
- How long must a person be missing before their estate can be opened and distributed to heirs?
- Once a regular executor or administrator is finally appointed for my late relative's estate, what happens to the special administrator who was handling things in the meantime?
- When does a lapsed heir's share go to the co-heirs by accretion instead of back to the estate?
- How soon after letters testamentary or administration are granted does the court issue the notice telling creditors of my late relative to file their claims against the estate?
- As the time limit for paying my late relative's estate debts approaches, what is the court supposed to do to actually get the money to the creditors?
- When exactly does inheritance pass to the heirs in the Philippines?
- The court already allowed my late parent's will and I'm the executor named in it — what else do I need to do before I actually receive letters testamentary?
- Under what circumstances is a legacy of something the testator did not own absolutely void?
- After all the money claims against my late relative's estate have been heard and their total amount is known, is the administrator required to pay them in full if the estate has enough assets?
- When is an executor or administrator required to render an accounting of the estate to the court?
- When must I fulfill a purely potestative condition attached to my inheritance?
- A child left out of the will is entitled to a share — which part of the estate does that share actually come from?
- If several large gifts exceed what my father could give, which donations are cut back first?
- If someone dies with no surviving parents but grandparents on both sides are alive, who inherits first?
- Which part of the estate does an illegitimate child's legitime come out of when there is also a widow?
- Who exactly are the relatives I cannot leave out of my will under Philippine law?
- If I want to claim property that would have belonged to a missing person, who must prove that the person was still alive at the time they needed to be?
- My neighbor died without a will, and I can't find any surviving relatives to claim his property here in the Philippines — can I personally go to court to have his estate declared escheated to the government?
- Who is allowed to file the petition to have a will probated?
- If the heir is a minor, who has the legal authority to accept or reject the inheritance on their behalf?
- My father gave a large donation before he died — can his creditors ask for it to be reduced as inofficious after his death?
- My siblings and I disagree about whether our late parent gave one of us an 'advancement' during their lifetime that should count against that sibling's share of the estate — who has the authority to settle that dispute?
- As trustee of my late father's estate, am I entitled to be paid for managing it, and who decides the amount if the trust document itself never mentions compensation?
- What if the only survivors are relatives beyond the fifth degree — does a sixth-degree cousin inherit?
- Someone filed a petition for letters of administration over my late relative's estate — who is legally entitled to be notified before the court holds a hearing on it?
- Who has priority to be appointed administrator when a person dies without naming an executor?
- Who holds the property while a conditional inheritance is still pending?
- If an adopted child dies without children of their own, do the adoptive parents inherit, or does it go back to the biological family?
- Who inherits if a person dies without a will in the Philippines?
- If an illegitimate child dies without children of their own, who inherits from them?
- Who is disqualified from serving as executor or administrator of an estate?
- Who is legally allowed to make a will in the Philippines?
- During estate administration, who has the right to possess the properties — the administrator or the heirs?
- Who keeps the land title after the estate is divided among the heirs?
- Who manages the property while a condition in the will has not yet been fulfilled?
- Who takes charge of the estate while the will is being contested or the appointment of an administrator is delayed?
- My father's will disinherited me for a reason I flatly deny — who has the burden of proving it?
- If the will doesn't say who must pay a legacy, who is responsible for it?
- Once my late relative's estate is ready for distribution, who actually pays for the cost of partitioning the properties among the heirs?
- My father died intestate leaving only his wife and an illegitimate child — how is the estate divided between them?
- My wife died with no children and no parents, leaving me and her brothers and sisters — how is her estate split?
- My father died without a will leaving a widow, legitimate children and illegitimate children — how big is the widow's share?
- My husband died with no children, but his parents are still alive — how is his estate divided between me and them?
- My father's will leaves one child and a widow — how much of the estate is the widow's legitime?
- My father left both legitimate children and a widow — does the presence of children cut the widow out of the inheritance entirely?
- My father left a widow, legitimate children and an illegitimate child — what is the widow's legitime?
- My wife died with no children and her parents are already gone, leaving only her siblings and me — what share do I get?
- My father died leaving a wife and three legitimate children — how much is each one entitled to as legitime?
- My father was threatened into writing his will in a certain way — is threat or force a ground to contest the will in court?
- My father's signature on the will was obtained by tricking him into signing a document he did not know was a will — can the will be disallowed?
- I believe my sibling pressured my elderly father into signing the will in my sibling's favor — is that a ground to have the will thrown out?
- A will turned up after the court had already appointed an administrator as if there were none — what happens to the administration?
- My grandmother's will was executed before the new Civil Code took effect and she died after — are the testamentary provisions of that old will still carried out?
- The will forgives my debts — does it also cover debts I incurred after the will was made?
- My aunt's will only gives me her jewelry if I promise to leave it to my cousin in my own will someday — is that kind of condition even legal?
- The will expressly gives me the choice of which of two things to take — can I pick whichever I prefer?
- The will gives me one of two things — who decides which one I get?
- The will leaves me a monthly or yearly allowance — when can I start claiming it?
- The will leaves me property so that I will build a chapel — must I do it before I can inherit?
- My aunt's will leaves me a car that actually belongs to my cousin, not to her — can I still claim it from the estate?
- The will leaves me something the deceased did not own — must the heirs buy it for me?
- The will leaves property to the testator's 'relatives' — who exactly inherits?
- The will left me a car, but there is none in the estate — do I still get one?
- The will left me a house the deceased only partly owned — do I get the whole thing?
- The will left me a specific item — can I just take it, or must I ask the heirs?
- The will left me property that I already own — do I get anything from that legacy?
- The will misdescribes the property or the beneficiary — is the gift void?
- The will names 'my brother Pedro and his children' as heirs — does Pedro take everything first and then his children later, or do they all take together?
- My will names some heirs individually and others as a group — are the group members counted individually?
- My father's will only disposes of some of his properties — how is the rest of his estate divided among us?
- My will only disposes of part of my estate — what happens to the rest?
- The will orders payment of a debt the deceased did not actually owe — is it enforceable?
- My father's will was already probated abroad — does it still have to go through a Philippine court before it works here?
- My father's will says my mother forfeits her share if she remarries — is that enforceable?
- My father's will says one legacy must be paid ahead of the others — is that legacy still reduced to cover the legitimes?
- If a will names several heirs but never says how much each one gets, how is the estate divided among them?
- My father signed a document calling it a will and handed it to me — does that transfer the property to me now, or only when he dies?
- My parent's will only contains legacies and devises of specific items but never formally names anyone as heir — is the will still valid?
- One of my will's witnesses later became disqualified — is my will still valid?
- My grandmother's will was written in English but she only spoke her local dialect — is it valid?
- My wife witnessed my will and I left a legacy to her mother — is her mother's gift void because my wife was a witness?
- One of the witnesses who signed my uncle's will is also getting a share under it — does that void his gift?
- One of the witnesses to my mother's will is also named as an heir in it — is that gift void?
- One of the three witnesses to my father's will is also named as a beneficiary — is the entire will void or only that witness's gift?
- All the witnesses to my father's will are dead or living abroad — can the will still be probated?
Answers · Estate & Succession
Estate & Succession
811 answered questions on estate & succession under Philippine law. Every answer quotes and links the provision that governs it.