Best Will & Testament Lawyers in Fiji
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Fiji Will & Testament Legal Questions answered by Lawyers
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- Can I claim
- Hello:Thank you for sharing your situation. Assuming this matter involves the Philippine jurisdiction, let me clarify how the law generally works. Under the Civil Code of the Philippines, succession is governed by strict rules. Since your stepfather had no biological or adopted children, his heirs would be determined either by a.) his will if it was validly executed or b.) by intestate succession if no valid will exists.A key concern here is that you mentioned you signed as a witness to the will. Under Article 823 of the Civil Code, a witness to a will cannot inherit under that same will. This means that even if your stepfather left something for you, being a witness disqualifies you from receiving it. However, this does not entirely close the door. If there are other legal grounds such as a.) being treated as a compulsory heir through legal adoption (if he had adopted you), or b.) if your mother had rights over conjugal properties during their marriage, then your rights may come in indirectly.Since your stepfather’s property was originally under him and his first wife, the share of the deceased first wife should have already passed to her heirs. Your stepfather’s share, on the other hand, should follow either the will or intestate rules. If the will cannot be enforced due to technicalities, intestate succession applies. In intestacy, if your stepfather had no descendants, parents, or siblings, then the surviving spouse would have inherited. Given that your mother also passed away, her heirs, which includes you as her child, may inherit her transmissible share.What you can do now is a.) check the validity of the will to see if it complies with the formal requirements, b.) determine who the rightful heirs of both your stepfather and your mother are, and c.) pursue estate proceedings in court to settle the matter.We at Recososa Law Firm handle estate settlement cases like this. We have offices in Luzon, Visayas and Mindanao. We can schedule an initial consultation via Google Meet, Zoom, or a face-to-face meeting at our office to map out the inheritance path and your possible remedies. You may send us an email at recososalawfirm@gmail.com and kindly indicate that you are a client from LawZana, or call/text us directly at +639175046510.If this answers your question to your satisfaction, I hope it is not too much to ask to like and share our Facebook page and also leave us a review on our Google page below. Your support truly inspires us to continue helping more people: Google Page:https://g.page/r/CW7ozgJGLkAMEAI/reviewFacebook Page:https://www.facebook.com/RecososaLawFirmSincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp: +63-917-504-6510
About Will & Testament Law in Fiji
In Fiji, Will & Testament law governs how a person's assets and properties are distributed after their death. A Will is a legal document that outlines the deceased person's wishes regarding who will inherit their assets and who will be responsible for carrying out these wishes.
Why You May Need a Lawyer
You may need a lawyer to help you create a legally valid Will that accurately reflects your wishes. A lawyer can also provide guidance on complex legal matters, such as estate taxes and ensuring your Will complies with local laws.
Local Laws Overview
In Fiji, the Wills Act 1948 governs the creation and interpretation of Wills. It is important to note that certain formalities must be met for a Will to be considered valid in Fiji, such as being in writing and signed by the testator in the presence of witnesses.
Frequently Asked Questions
1. What is a Will?
A Will is a legal document that outlines your wishes regarding the distribution of your assets after your death.
2. Who can make a Will in Fiji?
Any person who is of sound mind and over the age of 18 can make a Will in Fiji.
3. What happens if I die without a Will?
If you die without a Will, your assets will be distributed according to the laws of intestacy in Fiji, which may not align with your wishes.
4. How often should I update my Will?
It is recommended to review and update your Will regularly, especially after significant life events such as marriage, divorce, or the birth of children.
5. Can my Will be contested in Fiji?
Yes, a Will can be contested in Fiji on various grounds, such as lack of testamentary capacity or undue influence. It is important to consult with a lawyer to minimize the risk of your Will being contested.
6. Can I make changes to my Will after it is signed?
Yes, you can make changes to your Will by adding a codicil or creating a new Will. It is important to follow the legal formalities to ensure the changes are valid.
7. Can I appoint an executor in my Will?
Yes, you can appoint an executor in your Will who will be responsible for administering your estate and ensuring your wishes are carried out.
8. How can a lawyer help me with my Will?
A lawyer can help you create a legally valid Will, provide guidance on complex legal matters, and ensure your Will complies with local laws.
9. How much does it cost to create a Will with a lawyer in Fiji?
The cost of creating a Will with a lawyer in Fiji may vary depending on the complexity of your estate and the lawyer's fees. It is recommended to inquire about the fees upfront.
10. Where should I keep my Will in Fiji?
It is recommended to keep your Will in a safe and secure location, such as a safe deposit box or with your lawyer, to prevent loss or tampering.
Additional Resources
For more information on Will & Testament law in Fiji, you can contact the Fiji Law Society or the Ministry of Justice. It is also recommended to consult with a qualified lawyer specializing in estate planning.
Next Steps
If you need legal assistance with your Will & Testament in Fiji, consider consulting with a lawyer who specializes in estate planning to ensure your wishes are properly documented and legally valid.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.