- Dear Attorney, my 96 years old father who is living in Toronto, executed an Extrajudicial Settlement and partition of Estate with Quitclaim after my mother died in 2002. The six of us children and my father who are all Canadian citizens were all signatories to this agreement.
My father has now decided to transfer ownership to us, his children. I would gladly appreciate if you can help me on how to do this. Can you send to me a copy of your reply via email? Thank you. Regards, Mr. O.R.
ANS: Hello there. You mentioned that an Extrajudicial Settlement and Partition of the estate with Quitclaim was executed by you, your siblings and your father.
As I don’t have a copy of the said document to peruse, I can only assume that the said Extrajudicial Settlement and Partition of the estate with Quitclaim, pertains to the distribution of the estate of your deceased mother to her children. And that the quitclaim and waiver of rights pertains to the waiver by your father, as regards to his conjugal share, as well as his share of the legitime , all in favour of his children.
In order that the said Extrajudicial Settlement and Partition of the estate with Quitclaim will be implemented and recognized in the Philippines, the same has to be notarized and duly acknowledged in the nearest Philippine Consulate Office in Canada where you resides. Be sure that the Red Ribbon and seal of the Philippine Consulate are appended in the said documents.
It could had been more convenient where the Extrajudicial Settlement document also contains a Special Power of Attorney (SPA) authorizing any one of your siblings and/or anyone in the Philippines to have the same implemented.
Hence, if the Extrajudicial documents has no SPA provision, all of you in the family, including your father has to execute the SPA and have it again notarized and acknowledged by our Philippine Consulate in Canada, just like the Extrajudicial Settlement of the estate that was mentioned above.
The SPA will expressly provide power and authority of whomsoever is named in the document to act for and on your behalf of the all the heirs in transacting business and representations with the different government agencies( BIR, Assessor’s Office, Register of Deeds/Land Registration Authority(LRA) , among others), to have the title(s) of the properties covered in the Extrajudicial Settlement and the project of partition , cancelled and a new one issued under the names of the heirs in accordance with the terms of the project of partition in the Extrajudicial Settlement.
The process also entails the publication of the Legal Notice of the settlement of the estate of your deceased mother in the newspaper of general circulation for three(3) consecutives weeks and the payment of the estate tax(including penalty charges, or interest where applicable) and such other fees to the government agencies mentioned above.
If the person or your agent/representative finds difficulty or other legal issues as regards the foregoing crops up, it is suggested that you confer or engage the services of a lawyer in the Philippines to provide with professional legal assistance.
Looking forward you’ll find the above in order. Thank you for writing and for being part of the “ Batas Pinoy Global Community”.
Disclaimer: Batas Pinoy Corner Not Legal opinion:
Material placed on this corner is for the purpose of providing information only. It is not intended as practice of law or legal services. Although the writer believes this information to be accurate at the time it is first provided or as relayed by the person asking or soliciting the information from the writer. Such circumstances or understanding of the facts as conveyed to the writer by the sender may not actually reflect the ultimate facts or circumstances earlier represented and as understood by the writer.
This writer makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information provided in this writing. The content provided by Batas Pinoy Corner is not meant to be a substitute for legal opinion. Always consult your lawyer or other legal professional for legal advice as regards to the information obtained in this column.
* * *
Readers who may have legal concerns affecting their persons, property, rights,title and related interest concerning Philippine laws and jurisdiction, are welcome to e-mail their query either in English or Pilipino in plain, concise and orderly presentation of facts in order to avoid vagueness and misunderstanding of your stories, for appropriate comments to: attyrw@gmail.com .
GOING ABOUT THE
PARTITION OF ESTATE
- Dear Attorney, my 96 years old father who is living in Toronto, executed an Extrajudicial Settlement and partition of Estate with Quitclaim after my mother died in 2002. The six of us children and my father who are all Canadian citizens were all signatories to this agreement.
My father has now decided to transfer ownership to us, his children. I would gladly appreciate if you can help me on how to do this. Can you send to me a copy of your reply via email? Thank you. Regards, Mr. O.R.
ANS: Hello there. You mentioned that an Extrajudicial Settlement and Partition of the estate with Quitclaim was executed by you, your siblings and your father.
As I don’t have a copy of the said document to peruse, I can only assume that the said Extrajudicial Settlement and Partition of the estate with Quitclaim, pertains to the distribution of the estate of your deceased mother to her children. And that the quitclaim and waiver of rights pertains to the waiver by your father, as regards to his conjugal share, as well as his share of the legitime , all in favour of his children.
In order that the said Extrajudicial Settlement and Partition of the estate with Quitclaim will be implemented and recognized in the Philippines, the same has to be notarized and duly acknowledged in the nearest Philippine Consulate Office in Canada where you resides. Be sure that the Red Ribbon and seal of the Philippine Consulate are appended in the said documents.
It could had been more convenient where the Extrajudicial Settlement document also contains a Special Power of Attorney (SPA) authorizing any one of your siblings and/or anyone in the Philippines to have the same implemented.
Hence, if the Extrajudicial documents has no SPA provision, all of you in the family, including your father has to execute the SPA and have it again notarized and acknowledged by our Philippine Consulate in Canada, just like the Extrajudicial Settlement of the estate that was mentioned above.
The SPA will expressly provide power and authority of whomsoever is named in the document to act for and on your behalf of the all the heirs in transacting business and representations with the different government agencies( BIR, Assessor’s Office, Register of Deeds/Land Registration Authority(LRA) , among others), to have the title(s) of the properties covered in the Extrajudicial Settlement and the project of partition , cancelled and a new one issued under the names of the heirs in accordance with the terms of the project of partition in the Extrajudicial Settlement.
The process also entails the publication of the Legal Notice of the settlement of the estate of your deceased mother in the newspaper of general circulation for three(3) consecutives weeks and the payment of the estate tax(including penalty charges, or interest where applicable) and such other fees to the government agencies mentioned above.
If the person or your agent/representative finds difficulty or other legal issues as regards the foregoing crops up, it is suggested that you confer or engage the services of a lawyer in the Philippines to provide with professional legal assistance.
Looking forward you’ll find the above in order. Thank you for writing and for being part of the “ Batas Pinoy Global Community”.
Disclaimer: Batas Pinoy Corner Not Legal opinion:
Material placed on this corner is for the purpose of providing information only. It is not intended as practice of law or legal services. Although the writer believes this information to be accurate at the time it is first provided or as relayed by the person asking or soliciting the information from the writer. Such circumstances or understanding of the facts as conveyed to the writer by the sender may not actually reflect the ultimate facts or circumstances earlier represented and as understood by the writer.
This writer makes no representation, express or implied, as to the accuracy, completeness or timeliness of the information provided in this writing. The content provided by Batas Pinoy Corner is not meant to be a substitute for legal opinion. Always consult your lawyer or other legal professional for legal advice as regards to the information obtained in this column.
* * *
Readers who may have legal concerns affecting their persons, property, rights,title and related interest concerning Philippine laws and jurisdiction, are welcome to e-mail their query either in English or Pilipino in plain, concise and orderly presentation of facts in order to avoid vagueness and misunderstanding of your stories, for appropriate comments to: attyrw@gmail.com .