Our Estate Planning & Succession practice assists families and business owners with structuring asset transfers, preparing last wills and testaments, handling extrajudicial settlements, and navigating probate proceedings. We also provide guidance on estate tax obligations under the TRAIN Law and coordinate with tax professionals to help clients plan for orderly succession.
Browse our services in this practice area, or contact us to discuss your legal matter.
Drafting of notarial and holographic wills that comply with the formalities required under the Civil Code of the Philippines, including attestation clauses, witness requirements, and acknowledgment before a notary public.
Preparation and publication of extrajudicial settlement agreements among heirs, including the execution of deeds of extrajudicial settlement with or without sale, and filing with the Registry of Deeds for property transfer.
Filing and prosecution of petitions for probate of wills and letters of administration before the Regional Trial Court, including contested probate proceedings and appointment of estate administrators.
Guidance on estate tax obligations under the TRAIN Law (RA 10963), including computation of the 6% flat estate tax, available deductions, filing deadlines, and coordination with BIR for estate tax returns.
Advisory on the order of intestate succession under the Civil Code when no valid will exists, including the rights of compulsory heirs, legitimate and illegitimate children, and the surviving spouse.
Legal assistance in the partition and distribution of inherited properties among co-heirs, whether through voluntary agreements or judicial partition proceedings.
Handling the transfer of land titles from the decedent to heirs at the Registry of Deeds, including preparation of required documents such as BIR clearances, tax declarations, and deeds of conveyance.
Advisory on succession strategies for family-owned businesses, including corporate restructuring, share transfer arrangements, and governance frameworks to facilitate orderly transitions.
You share the facts, and we assess the legal landscape. For employees with labor cases, the initial consultation is free. For other matters, consultation fees apply.
We review the relevant facts, applicable law, and documentary evidence to identify the legal options available to you.
We represent you through negotiation, settlement, or litigation as appropriate, keeping you informed of developments throughout the process.
“I had such a great experience working with Atty. Maghopoy. He's incredibly knowledgeable and always seemed to have the right answers or advice no matter how complicated my questions were. He took the time to explain everything in a way that made sense, even the more technical legal stuff. He's super easy to talk to, very patient, and you can tell he genuinely cares about helping his clients.”
Almira A.
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Use these guides and glossary entries to understand the issue before a consultation. They are currently under internal legal review.
A practical guide to how Philippine law divides an estate: who inherits when there is no will, who counts as a compulsory heir, how legitime limits what can be given away, and what to prepare before making a will.
Read the guide →Intestate succession is the set of rules that distributes a person's estate when they die without a valid will. Instead of leaving the division to the family, the Civil Code sets an order of heirs and fixed proportions. The surviving spouse and the children, legitimate and illegitimate, are the primary heirs, while parents and more distant relatives inherit only when there are no children.
A compulsory heir is a person the law entitles to a reserved share of an estate, known as the legitime, which generally cannot be removed by a will. Compulsory heirs typically include legitimate children and descendants, the surviving spouse, illegitimate children, and, in the absence of descendants, legitimate parents and ascendants. The practical point is that estate planning cannot ignore them, because a will that disregards a compulsory heir's legitime is exposed to challenge.
The legitime is the portion of an estate that the law reserves for compulsory heirs and that a will generally cannot reduce or take away. It exists to protect close family members, such as children and the surviving spouse, from being disinherited at will. Whatever remains after the legitime is the free portion, which the testator may dispose of as they choose.
A notarial will is a will signed by the testator and at least three credible witnesses and acknowledged before a notary public. The added formality is designed to make the will easier to prove after the testator's death. It is the more structured alternative to a holographic will, which is handwritten and needs no witnesses.
Related areas of law that complement Estate Planning & Succession.
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