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beneficiaries of last will made in canada

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gasha


Arresto Menor

I am one of the beneficiaries of my grandfather's will made in canada sometime in the year 1986. He left a property (land) in compostela. Can we use his will to transfer the property to us, the beneficiaries left here in the Philippines. His sons and daughters in Canada were not mentioned in the will as beneficiaries. Need advise on this.

attyLLL


moderator

you will have to probate the will here in the courts.

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gasha


Arresto Menor

thanks attyLLL for the reply...how long will it take to probate and how much does it cost for probate proceedings?

attyLLL


moderator

if there's no opposition, then about a year. cost depends on which lawyer you deal with

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gasha


Arresto Menor

the executor of the will is living in the united states, what can we do (the beneficiaries, in the philippines) about this? In your own opinion and judgement, which is better, safe and easier thing to do to transfer the ownership of the property to us. If we execute extra judicial with waiver of rights and share, is this better than undergoing probate proceedings? need your advise on this. thanks.

attyLLL


moderator

cost will depend on which lawyer you retain. you cannot execute an extrajudicial settlement because there is a will. you would be committing falsification of public instrument.

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