Q. Hi, I have been researching on the role of step-children in terms of inheritance. So far, this article the only one I found.
I am a Filipina and married to a British national. We have no children together. However, my husband has 1 child from his first marriage (“A”) (age 30) and she is based in the UK . I
have 2 children from my first marriage (“B” age 19 and “C” age 16 respectively). We bought our family home in the Philippines, of which “B” and “C” share with us. If I die ahead of my husband, will my stepdaughter qualify as an heir? If my husband dies (in the Philippines), which Estate laws apply? Philippines or UK?
Thank you and I hope you can help me. R
ANS: Based on your narratives and assuming that the so called family home that was purchased in the
Philippines is under your name and your husband and this purchase was made after August 3,1988 and
there is no pre-nuptial agreement between you and your husband as regards to your property relations,
then this home is considered as absolute community property of the married couple.
“Laws relating to family rights and duties,or to the status, condition and legal capacity of persons are
binding upon Filipino citizens, even though living abroad.” (Article 15 Civil Code of the Philippines)
2
If you die ahead of your husband, your step daughter will not qualify as your heir. Only your children of your first marriage are considered as your heirs as well as your husband. Which means that your estate, will be divided equally amongst your children and your husband.
On the other hand, if your husband dies ahead of you, you as the surviving spouse and the daughter of your husband in UK shall inherit and are considered as compulsory heir of the deceased under Philippine law. Hence, under this scenario , the estate of the deceased husband will be divided equally between you and his daughter ,”A”, who is based in UK. Your children ”B” and “C” gets nothing because they are not considered as compulsory heir of the deceased.
However, considering that your husband is a UK citizen, under Article 1039 of the Civil Code of the Philippines as amended, when it comes to the disposition of the estate of a foreigner, the citizenship
and the place of residence of the decedent shall determine in the disposition of his estate. And if there is a conflict between the laws of UK and the Philippines as to the disposition or distribution of his estate,
and assuming further that your husband is considered as a resident alien in the Philippines ; and further taking into account that the property is situated in the Philippines, then the Philippine law shall apply in
the distribution of his estate as illustrated above.
Looking forward you’ll find the above in order and welcome to the Batas Pinoy Global Community.