Writing a will can be a difficult and unpleasant task, and that, on its own, is likely going to put people off from writing one. But there are many problems that may come with the lack of having a will: family squabbles, money and properties tied up in court for years, difficulties in getting family members to sign extra-judicial settlements. One must wonder whether that is a future that one wishes to impose on the family that one would leave behind.
Unlike what most people see in the movies, where one can leave property to just about anyone they wish, Philippine law requires that one leaves the bulk of their property to compulsory heirs: spouse, children and their descendants, and illegitimate children. “Your properties will be distributed in accordance with the Laws of Succession in the Civil Code,” explains Atty Joseph Anthony Lopez, Head of Litigation and Dispute Resolution of Villaraza & Angangco Law. “As a general rule, roughly one half of the estate should go to compulsory heirs, while the remaining half is what is considered your free portion, and this part of your estate is what you can distribute through a Will.”
The two types of Wills acceptable under Philippine law are the Holographic Will and the Notarial Will. A Holographic Will is fully handwritten, dated, and signed. It must be written in a language or dialect known to the person who wrote it (legally called a ‘testator’ or if he or she passes, the ‘decedent’) and any insertion, cancellation, erasure, or alteration must be again countersigned by the testator.
A Notarial Will also has to be in writing, in a language or dialect known to the testator. Aside from the testator signing this type of Will, each page must also bear the signatures of at least three (3) witnesses, all of whom must be at least 18 years old, of sound mind, able to read and write, and not blind, deaf, or mute. The witnesses must also be domiciled in the Philippines and not convicted for crimes of falsification of documents, perjury, or false testimony. Also, each witness, including his or her spouse and their children, must not be recipients of anything in the Will. Finally, this Will must be attested and notarized before a Notary Public.
“The difference between a Notarial Will and a Holographic Will will come in when you have to prove it in court,’ says Atty Raquel Wealth Taguian, Partner, Litigation and Dispute Resolution for Villaraza & Angangco Law. “Eventually a Notarial Will is easier to prove in court because you have the required witnesses who can testify that the Will was actually done by the testator or decedent.” In contrast, for a Holographic Will, witnesses familiar with your handwriting will have to be called, and in the absence of that, an expert witness will have to be called to identify the handwriting.
“With a Holographic Will, there is a possibility that no one will know about it,” cautions Atty. Taguian. “But with a Notarial Will, you have witnesses who know that there was actually a Will executed by you.”
The law allows anyone who is at least 18 years old, and of sound mind, to prepare a Will. However, only the free portion of the estate—the properties left after the compulsory heirs have received the properties due them—can be distributed through a Will. Beneficiaries in your Will can be your compulsory heirs, or any individual who may or may not have a relationship with you, including corporations or charitable institutions. “For example, if you’d like to donate or give a portion of your estate to UNICEF, this is the best way to do it, because without this, all your properties will go to the State if you have no other heirs,” says Atty. Lopez.
Having a Will gives you control over who will benefit from the work you did over your lifetime; otherwise, the State and the courts will make those decisions for you. And by including a gift in your Will to credible charitable institutions like UNICEF, you not only secure a better life for the people you will leave behind, but also help build a better future for many more.
For 75 years now, UNICEF has been ensuring that more of the world’s children are vaccinated, educated, and protected. Working in more than 190 countries around the world, UNICEF has done more than any organization to promote and protect the rights of every child, influencing laws, policies, and customs to help protect children. By including UNICEF as a beneficiary in your Will, you support and enable the important work of giving the most vulnerable Filipino children a chance to enjoy better lives through access to education, clean water, healthcare, and protection against violence, abuse, and exploitation. Your gift helps not just one child—but generations of children to come.
Let a better future be your legacy. Learn more about the UNICEF Gifts in Wills program and how you can leave a gift for Filipino children in your Last Will and Testament by visiting giftsinwills.unicef.ph.
ADVT
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