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mikewright

 

do have my own will here with me but my lawyer in AUSTRALIA with my daughter are aware of my new wife too be so all will be divided by 3 my lawyer did assure me all will be respected has my wishes cannot be contested the money will be in 30 days dispatch too the beneficiary for my future new wife money will be send too her bank account ,in the Philippines ..

 

If I am reading your post correctly, you seem to be saying that your lawyer assures you your Australian Will cannot be contested in Australia.

 

If you're relying on that advice, I strongly suggest you get a second opinion. The ability in Australia to make a Will which cannot be contested is extremely rare.  In NSW, for example, the deceased's  wife or husband, de facto, child, even a former wife or husband, are all eligible to make a claim against the estate, regardless of what the Will says, or even if there is no Will. Grandchildren who at some time in their lives were dependant upon the deceased can claim, as can anyone else who at some time was dependant on the deceased and a member of the household of which the deceased was a member. Also a person with whom the deceased was living in a close personal relationship at the time of death.

 

That's not to say the person claiming will succeed in their claim, but any claim can delay the distribution of the estate by many months and often years, regardless of the validity of the claim. 

 

Even if there's no claim, to access a deceased's bank account and other assets the executor often needs a grant of probate from the Supreme Court. No way this will be done in a month or two. An often unintended situation arises where the surviving spouse, usually a wife, has no funds at all as all bank accounts were in hubby's name, and is left with no funds for months while the estate is being administered. Something which could have been avoided simply by keeping a joint bank account with sufficient funds to cover such an eventuality.

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For anybody who doesn't have a will, this should be a wake-up call. Go to a lawyer and have a will drawn up. Even better, have the identical will drawn up both here and in your home country. Wills dra

Two guys on a scooter?

His wife left him over a year prior to his death, served him papers and he vowed to hide and or burn everything before she got it. its not about owing your child anything, its about having your shit

mikewright

 

He had an account with a few hundred thousand pesos in it that was in his name alone. He left no will. His death certificate named his adult children from a previous marriage along with his filipina wife as next of kin. The bank is insisting on a release letter signed by the 3 living children, who live in Australia and have had nothing to do with their 'dad' or his filipina wife in 20 years. They will not sign any release. So who will get the money?

 

It appears that under Philippines intestacy law, your friend's wife would only have been entitled to a 25% share of the bank account in any case, the same share as each legitimate child. Perhaps the children would be happy to sign the necessary papers if they knew they were to receive 75% of the monies in the account?

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tomaw

I'm not sure of what the difference is between a Living Trust and a will but I do know that a living trust is somehow better. My Father left a living trust to my brother and I. It was simple and we got the house, bonds and other assets in our names right away.

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tomaw

 

For anybody who doesn't have a will, this should be a wake-up call. Go to a lawyer and have a will drawn up. Even better, have the identical will drawn up both here and in your home country. Wills drawn up in another country are often contested. If you don't do this, then things may not work out the way you think they will. Never trust a bank or a government to have your (or your family's) best interest at heart.

.......... I think you're right about a will in both countries especially when there's assets in both countries. In Smokey's case he's got a house in The Philippines as well as Arizona. The Philippine house no doubt is already in the wife's name so a will in The Philippines needs to be drawn up for when she dies. The Arizona house should be in the name of and go to the one that is loyal to Smokey, never tells him what to do and never asks him for money... .So he should put the house in the dog's name! LOL !!! Edited by tomaw
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smokey

.......... I think you're right about a will in both countries especially when there's assets in both countries. In Smokey's case he's got a house in The Philippines as well as Arizona. The Philippine house no doubt is already in the wife's name so a will in The Philippines needs to be drawn up for when she dies. The Arizona house should be in the name of and go to the one that is loyal to Smokey, never tells him what to do and never asks him for money... .So he should put the house in the dog's name! LOL !!!

now there lies the problem i have 5 dogs so which one do i pick 

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tomaw

 

now there lies the problem i have 5 dogs so which one do i pick

......... Well it's a good thing you don't have 5 wives! Edited by tomaw
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ed villas

a forum member Tom in texas is a lawyer maybe he can advise on what can be done.

 has anyone checked pinoylawyer.com site it has had interesting Q&A on property/estates issues

 

2. instead of asking  the forum for LEGAL Advice, spend the money and get worthwhile advice that you should be able to depend on,

if its inaccurate at least you have a fall back a recourse.

.if its from a  forum, well you get what you paid for.

Edited by ed villas
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He'd have made it a joint account if he wanted her to have it.

Im thinking he is like most of us.just never got around to changing the acct to both names.

My wife and I each have personal accounts as well as a joint account.

 

I would still want her to have whatever is in my personal account if I passed away.

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Canuck Joe

now there lies the problem i have 5 dogs so which one do i pick 

pick the one that would put up with your abuse and come back for more.....

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Headshot

My wife and I each have personal accounts as well as a joint account.

 

I would still want her to have whatever is in my personal account if I passed away.

 

I don't know where your money is, but most accounts in the US allow you to set up beneficiaries right in your account. That way, even if there is no will or it is disputed, the money in the account will go to the person you have designated.

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mikewright

2. instead of asking the forum for LEGAL Advice, spend the money and get worthwhile advice that you should be able to depend on, if its inaccurate at least you have a fall back a recourse. .if its from a forum, well you get what you paid for.

 

Excellent advice, even if there are only minimal assets involved. Some additional suggestions if you have assets in different countries:

 

  • Use different lawyers if having a Will done in both countries, unless the lawyer practices in both jurisdictions. It would be unusual for the average Australian lawyer to know anything about the law in the Philippines, and vice versa.
  • If you don't have a valid Will, or your circumstances have changed, marriage, divorce, children, mistress etc, have a talk to a lawyer about it. It's not as painful as going to the dentist, and will probably cost less.
  • Use lawyers who are experienced in preparing Wills for expats. People often think that if they make a Will in their own country, that Will will have force in another country, under the same laws.  They will look at issues such as domicile (which can be different from residence), conflict of laws, minimisation of death duties/tax etc

As an example of the type of domicile issues which can arise, a person born in England but living in Australia for decades would have England as his domicile of birth. On his death, if he still had English domicile, UK death duties would be payable on his worldwide estate.  But if he had acquired Australian domicile by choice, UK death duties would only be payable on his UK estate, not on the Australian assets. As there are no death duties in Australia, this could be a considerable savings to the estate.  A good lawyer would consider aspects such as this when drafting the Will for an expat, and might, for example, obtain proof of change of domicile now, in case it became an issue later.

 

As ed villas said, get worthwhile advice that you can depend on. Not from the forum. Even a lawyer on an internet forum, no matter how knowledgeable and willing to help, can't give advice without being fully informed of all the details,

Edited by mikewright
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passingby

Interesting comments - an American who passed away over a year ago and married to a lady here in Cebu did NOT update any will or pension documents and the X-Wife got his US assets and his kids who NEVER cared about him for years started ti KIVE dear old dead dad too much about his rather valuable property in florida -  which he would NOT have wanted if he had remembered this.  WE all need to remember as we get older what documents we have in other countries that MAY give things to others we no longer may have a relationship with.  Easy to forget.   I also disagree with the comment "No offense meant to you but a man owes his grown children nothing"  My daughter shows great care and concern for me and she IS the primary beneficiary on my US assets.  It depends on the relationship you have with your grown children.  Also for those married later in life you may be used to have some of your money under your exclusive control - is this wrong?  So write your will(s) to cover what will be done with this when you pass on. 

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smokey

Interesting comments - an American who passed away over a year ago and married to a lady here in Cebu did NOT update any will or pension documents and the X-Wife got his US assets and his kids who NEVER cared about him for years started ti KIVE dear old dead dad too much about his rather valuable property in florida -  which he would NOT have wanted if he had remembered this.  WE all need to remember as we get older what documents we have in other countries that MAY give things to others we no longer may have a relationship with.  Easy to forget.   I also disagree with the comment "No offense meant to you but a man owes his grown children nothing"  My daughter shows great care and concern for me and she IS the primary beneficiary on my US assets.  It depends on the relationship you have with your grown children.  Also for those married later in life you may be used to have some of your money under your exclusive control - is this wrong?  So write your will(s) to cover what will be done with this when you pass on. 

well i cant agree with all you say.... i know of a case where the guy went to the Philippines when he was over 50 divorced his wife of 31 years gets married and brings his new wife to the usa and dies within 2 years and she got it all...  many women stayed home to raise the children or worked a little out side of the home and they too looked forward to a retirement , to many guys run to asia and let the taxpayers take care of their children ... 

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ellenbrook2001

 

Ellenbrook- you said " i do have my own will here with me but my lawyer in AUSTRALIA with my daughter are aware of my new wife too be so all will be divided by 3 my lawyer did assure me all will be respected has my wishes cannot be contested"

 

 This from an Australian law firm:

 

thanks i know that did discuss with my lawyer in PERTH or did drawn another will or will be signed the day after my marriage yup sure that the way do it all in place many thanks i should have explain better my apology

 

 

Marriage generally revokes a will and the will therefore becomes inoperative. This means that if the testator (the person who creates the will) does not make a new will after marriage, he or she will die intestate (without a valid will) and his or her estate will be distributed according to intestacy rules rather than pursuant to his or her wishes. 

However, there are two circumstances in which a will won’t be revoked after marriage. 

The first is where the will was made in exercise of a “power of appointment” (a sometimes complex situation regarding trusts – seek advice from a legal practitioner regarding this point).  

The second circumstance is where the will was created in contemplation of marriage.

Regarding the second circumstance, this means that the testator makes it clear in the will that they do not wish for it to be revoked after marriage. The testator has two options: either make the will valid only after marriage, or make the will take effect immediately and not be revoked after marriage or if marriage does not occur.  

It is recommended, though not required, that a statement be inserted into the will showing the testator’s intentions and confirming that the marriage is contemplated.  It is advisable to seek legal advice from a qualified legal practitioner to ensure these provisions are drafted appropriately. 

 

i do have my own will here with me but my lawyer in AUSTRALIA with my daughter are aware of my new wife too be so all will be divided by 3 my lawyer did assure me all will be respected has my wishes cannot be contested the money will be in 30 days dispatch too the beneficiary for my future new wife money will be send too her bank account ,in the Philippines ..

 
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Brucewayne

Oh my...You don't mean...?

Yes,....he does.

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