Best Will & Testament Lawyers in Imus

About Will & Testament Law in Imus, Philippines

The creation of a will and testament in the Philippines is governed by the Civil Code of the country, with similar laws being applicable in Imus. These laws provide guidelines on who can create a will, the process of creation, how to identify legatees or inheritors, the role of an executor, and the path to follow in probate. A valid will requires the testator (the person creating the will) to be of sound mind and at least 18 years old. There are two types of wills: holographic and notarial. Notarial wills have more requirements and must be written in a language or dialect known by the testator.

Why You May Need a Lawyer

Understanding and navigating the law can be complex and fraught with potential pitfalls. Hence, estates and probate lawyers in Imus, Philippines can be helpful in various situations like drafting an estate plan, helping with the legalities of estate administration, ensuring a smooth transition of assets, and safeguarding from potential legal complications. It's also crucial when a will is contested. The legal expert can represent in court, providing assistance in matters of collecting and distributing assets as well.

Local Laws Overview

The local laws in Imus are consistent with those of the national jurisdiction. Notable points are: a will must be in writing and can be revoked at any time before the testator's death. The holographic will must be entirely written, dated, and signed by the hand of the testator. Notarial wills, on the other hand, must be signed by the testator and at least three credible witnesses. If a will is contested, it is crucial to have legal representation as the proceedings can be multifaceted and challenging.

Frequently Asked Questions

What happens if someone dies without a will?

If a person dies intestate (without a will), the Civil Code of the Philippines applies, and the estate is distributed among the heirs according to law. The order of priority starts with the legitimate children and descendants, followed by legitimate parents and ascendants, and finally the surviving spouse.

Can I write my will without legal assistance?

Yes, it's possible to write a will without legal assistance, especially a holographic will. All you need to do is ensure it's completely handwritten, dated, and signed. However, getting a lawyer ensures your will is legally correct and minimizes the chance of confusion or dissent later.

What can be the grounds for contesting a will?

A will can be contested under several grounds like lack of testamentary capacity, improper execution, undue influence, or fraud.

What does probate mean?

A probate is a court procedure that confirms the legal validity of a will and authorizes the execution of the testament.

Can a will be revised after it's made?

Yes, a will can be revised or completely rescinded while the testator is still alive and of sound mind.

What happens to a person's debt after death?

The debts of a deceased person are generally paid from their estate. If the assets cannot cover the debts, usually the debts die with the person.

Can I disinherit a child in my will?

Under Philippine law, you cannot completely disinherit a legitimate child unless there's severe cause as specified in the law.

Why do I need witnesses for my will?

Witnesses help to certify that the will is created without coercion and the testator is of sound mind while signing it. They may also serve as testamentary witnesses if there is a dispute over the will's validity.

Do I need a separate will if I have properties in other countries?

It's advisable to have a will under each jurisdiction where you have assets. Each country may have different laws regarding probate and inheritance.

Additional Resources

Government institutions like the Public Attorney's Office, or The Integrated Bar of the Philippines offer free legal aid they may extend to wills and estates. There may also be legal aid clinics in law schools that may provide free or low-cost legal advice.

Next Steps

If you believe you need legal assistance in the field of will & testament in Imus, your first step should be contacting a local legal professional specialized in this area. Prepare a list of your assets, liabilities, and important documents and discuss your wishes with your chosen legal adviser. They can guide you on the suitable courses of action and help you draft a will in accordance to local and national laws.