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MY PARENTS DIED AND LEFT PROPERTIES IN THE PHILIPPINES, WHAT SHOULD I DO IF I ALREADY LIVE HERE IN CANADA

Managing the estate and properties of your late parents and/or spouse can be a challenging task, especially if you live abroad. The process of inheriting the properties of your deceased loved ones without a Last Will and Testament can be done through the Extrajudicial Settlement of Estate.

Under Philippine Law, the properties left by your loved ones without a Will, will be governed by the law of intestate succession. All surviving heirs must execute an Extrajudicial Settlement of Estate to distribute the deceased assets and properties in the Philippines accordingly among themselves. Please note that all surviving heirs must voluntarily sign the Extrajudicial Settlement of Estate (EJS).
 

What are the requirements to execute an Extrajudicial Settlement of Estate (EJS) abroad?

  • A copy of the Death Certificate
  • Names of all heirs along with a copy of their passports
  • Description and particulars of the assets left behind (i.e. land title copy, bank account details, tax declaration, etc.)
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All the surviving heirs living abroad must sign and execute the EJS. Upon completion, the heirs must apply and process the other documents to the Bureau of Investigation (BIR). If the heirs cannot go back to the Philippines, you (and all heirs) must also sign an SPA (Special Power of Attorney) in favour of your attorney-in-fact to enable them to transact with banks and other financial or government offices using the EJS.

It is important to note that Extrajudicial Settlement of Estate (EJS) and Special Power of Attorney (SPA) must be apostilled by relevant authorities. Legal documents must be apostilled to be acknowledged and used in the Philippines.

It is crucial to note that drafting the EJS and SPA needs the guidance of a competent lawyer. We at AJ Law can assist you with the drafting and processing of the apostille of the mentioned documents. If you have any questions or inquiries, you can contact us via phone at 416-409-5991 or email us at info@ajlawpartners.ca.