In the Philippines, an heir is someone legally entitled to inherit a deceased person’s estate, or a part of it. The law recognizes compulsory heirs, who are guaranteed a share, and also allows inheritance through a valid last will and testament. In the absence of immediate family, collateral heirs may also inherit under the rules of intestate succession. Now, here’s an interesting question from one of our readers about whether a last will is necessary when there’s only one heir.
Dear Atty. Duran-Schulze,
I’m a single parent with one child, who will be my sole heir. I don’t have any other dependents or close relatives. I’ve been wondering—do I still need to write a last will and testament even if everything will eventually go to my child anyway?
As a parent, I want to make things easier for my daughter in the future, but I’m not sure if writing a will and testament is necessary in this case. Will the law automatically pass everything to my child, or are there benefits to having a formal will prepared?
Thank you for your advice.
Practical Parent
Dear Practical Parent,
Thank you for your inquiry. I understand your concern as a parent who just wants to make things as smooth and uncomplicated as possible for your daughter in the future.
Based on your message, you’re asking whether it’s still necessary to prepare a last will and testament in your situation and what advantages it may offer. To address these, let’s take a closer look first at the legal framework surrounding wills and successions in the Philippines.
Wills and Successions: Key Provisions of the Civil Code
In the Philippines, wills and successions are governed by the Civil Code (R.A. 386), which sets the legal framework for how a person’s estate is passed on after death. It outlines who may inherit, the order of succession, and how assets are distributed—whether through a valid will or by operation of law in cases of intestacy.
Wills and Institutions of Heirs (Testamentary Succession)
A will is a legal instrument used in testamentary succession. As defined under Article 783 of the Civil Code, it is “an act whereby a person is permitted, with the formalities prescribed by law, to a certain degree the disposition of his estate, to take effect after his death.”
Under Article 840, the institution of an heir is the act by which a testator designates in the will the person or persons who are to succeed him in his property, including transmissible rights and obligations. However, not all of the testator’s estate may be freely disposed of. The law reserves a portion of the estate for compulsory heirs, such as children, spouses, or parents. They are entitled to a portion called the legitime, and the testator must not infringe upon it (Article 842).
In cases where the testator designates only one heir and limits the inheritance to a specific portion (an aliquot), the remainder of the estate that is not covered by the will shall pass by legal or intestate succession (Article 851).
Additionally, the testator may designate one or more individuals to act as substitute heirs in case the original heirs predecease the testator, refuse the inheritance, or are otherwise incapacitated to inherit (Article 859).
Successions Beyond Wills (Intestate Successions)
Legal or intestate succession occurs when a person dies without a will, leaves a void will, or if the will has lost its validity (Article 960(1)). In the absence of testamentary heirs, the law determines who inherits the estate—distributing it among the deceased’s legitimate and illegitimate relatives, the surviving spouse, and, if none exist, ultimately to the State (Article 961).
Under Article 979, legitimate children and their descendants inherit from their parents and other ascendants without preference for sex or age, and regardless of whether they come from different marriages. As provided in Article 980, the children of the deceased inherit in their own right and divide the estate equally, ensuring fairness in succession.
Estate Settlement in the Philippines
Estate settlement is the legal process of distributing a deceased person’s assets to rightful heirs, either through judicial or extrajudicial means, in accordance with Philippine law.
Judicial Settlement
Judicial settlement is done through the courts and is required when the deceased left a will (probate), there are disputes among heirs, or when any of the heirs are minors. The court appoints an executor or administrator to handle the estate, settle debts and taxes, and distribute the remaining assets according to the will or intestate succession laws.
Extrajudicial Settlement
In contrast, an extrajudicial settlement is a simpler, faster, and more cost-effective process that does not require court proceedings. This option is only available when there is no will, no outstanding debts, and multiple heirs of legal age are in full agreement on how to divide the estate. The heirs must execute a notarized agreement, which is then published in a newspaper of general circulation and registered with the Register of Deeds.
Affidavit of Self-Adjudication
For a sole heir, the process is even more straightforward through an Affidavit of Self-Adjudication. Very similar to an extrajudicial settlement, it is a sworn statement declaring that the affiant is the only heir of the deceased, and thus adjudicating the entire estate to himself. Once notarized and filed with the Register of Deeds where the decedent last resided, this document allows the sole heir to quickly and affordably claim the inheritance—often without the need for further proceedings.
It is well-established under Philippine law that in the absence of your last will and testament, your estate will pass to your sole legal heir through intestate succession. While there is self-adjudication, a legal avenue to streamline the transfer of your estate, your execution of a last will and testament can still offer some benefits.
A will can allow you to exercise greater control over the administration of your estate, designate an executor, clarify the distribution of specific assets, and potentially avoid disputes—even in cases involving a sole heir. The usefulness of a will becomes more evident when viewed in light of your specific personal and financial circumstances.
So to answer your question, assuming there are no debts and your sole heir has come of age, the last will and testament is more burdensome and more expensive to execute versus if your sole heir executes an affidavit of self-adjudication.
I hope I was able to answer your question. Should you need further clarifications or assistance regarding property inheritance and last wills in the Philippines, please do not hesitate to get in touch with our team at Duran & Duran-Schulze Law. We are located just in Bonifacio Global City (BGC), Taguig, Metro Manila. You may also call us at (+632) 8478 5826 or +63 917 194 0482 or email info@duranschulze.com.
Yours truly,
