Succession
By kixsh101
@kixsh101 (2123)
Philippines
January 29, 2022 6:47pm CST
I come to learn that there are two kinds of succession.
It could be intestate and testate succession.
I came so curious of this. You see, when people die, there is a need to property dispose their property. In view of this, testate succession is much favored by law. Hence, I think having a notarial will is best. Since, we will be sure that our intents and purposes on how we will dispose our property will be executed the way we wanted it to be.
6 people like this
4 responses
@DaddyEvil (174482)
• United States
30 Jan 22
Unfortunately, disposal of property may be handled differently in different countries. In the US, even an "iron-clad" will is not proof against lawsuits if the people named in the will don't like how the property was divided or if someone who thinks they should have been included in the will wasn't mentioned.
Things like wills have gotten silly here. Pretend for a moment... I make out my will naming my daughter as the sole beneficiary. If my illegitimate son decided he should have been given some of the money or property I accumulated over my life-time, then he could sue my daughter for "his share" of my estate. Since I didn't mention him in the will, the courts will decide how much of my estate he's entitled to and my daughter will have to pay court costs while the judge makes up his/her mind about the division of the property.
But, as long as I mention him as an "interested party", then whatever amount or thing I say he gets in the will is all he can have. (That could be as little as $1 USD.) He could still sue my daughter and try to take more of the estate but he'd be forced to pay the attorney fees and court costs himself.
If I've not had a will drawn up by the time I pass away, then the courts get to decide how much any interested parties get from my estate. The court, of course, will take a portion of the money/property as fees in the case and anyone, like my brothers, sisters, nieces or nephews could make a claim against the estate, too. It can take years for something like this to go through our court system. The whole time the fees are eating into the value of the money/property I've left behind.
1 person likes this
@kixsh101 (2123)
• Philippines
30 Jan 22
Oh, that becomes complicated.
I think there is a so-called "legitime" wherein it is the property which are reserved for your compulsory heirs, that property could not be given away freely. But those properties which are not considered as legitime or the free portion then it could be willed to other persons.
But yes I agree, there will be a need for a judicial settlement in this, since it needs the "say" of the Court.
Now, makes me wonder, there is no such thing less complicated in this world. lol.
1 person likes this
@DaddyEvil (174482)
• United States
30 Jan 22
@kixsh101 We don't have anything reserved that can't be taken if a judge decides to give it to someone else. *shrug*
The only way I know to keep someone from trying to take what you give to someone else is to get rid of everyone else first. 
It might get a little lonely if we started doing that. 
It might get a little lonely if we started doing that. 
@kaylachan (84785)
• Daytona Beach, Florida
30 Jan 22
I wish you the best luck with that and hope it goes as well as you expect.
1 person likes this
