GobbledygookSometimes I wonder if lawyers, or even law students for that matter, are still capable of conversing in everyday language. It seems to me that we have become so trained (brainwashed?) into the way of the profession that a simple Yes or No question becomes a: Yes, but take not of the exception in x situation, however, this exception is also susceptible of several interpretations one of which must be seen in light of the recent jurisprudential advances such as so and so. In short, no.
But that's just the way it is. The law has become a technical tool only to be wielded by learned artisans. However, I still don't think that that's any excuse to further add confusion to an already convoluted situation.
For example, my latest internet addiction now is going through the Girltalk forum. Most of the time, I just browse the beauty and fashion threads but today I clicked on the Legal Rights thread. There was this one question about a will and the corresponding rights therein. Admittedly, it lacked a lot of factual details and I was itching to paraphrase it because it was quite confusing, to say the least. But the corresponding answer from a law student just added to the melee, IMHO.
"1.Would it be possible to INCLUDE in the parents' will that the siblings' wife or husband will have any legal capacity or entitlement to the property except for the siblings' children? What family code or law will constitute for this?
2.If the owner of the property did not leave any will in the future..and one of the sibling got hold of the document pertainning to the property..wht are the chances that it might be forged or renamed?
3.Will a Special power of Attorney be enough to safeguard the property from forgery or any unlawful acts to obtain the said property."
"Wills, in General
1. Yes. A will is an act whereby a person is permitted, with the formalities prescribed by law, to control to a certain degree the disposition of his estate to take effect after his death (Art. 783, Civil Code; see Rivera vs. Palmaroli, 40 Phil. 105). Thus, a document that does not purport or is not intended to dispose of one's estate, either directly by the institution of heirs or designation of devisees or legatees and the property or share they are to receive or, indirectly, by validly disinheriting those who would otherwise inherit by operation of law, is not to be governed by the law on testamentary succession but some other applicable laws that might be pertinent. The Law presumes that every person is of sound mind, in the absence of proof to the contrary. The burden of proof that the testator was not of sound mind at the time of making his dispositions is on the person who opposes the probate of the will; but if the testator, one month, or less, before making his will was publicly known to be insane , the person who maintains the validity of the will must prove that the testator made it during a lucid interval.
2. The sibling cannot, in no way, alineate the property without the permission of the real and lawful owner of such property, or co-owners as the case may be, there are compulsory heirs which has a greater right over such sibling,it can even subjected in the probate of the will.
3. If such a case is bound to hapen, u can protest such alineation of property, since it took effect without the consent of the co-owners, since their signature was forged to effect the transaction such as conveying it to third persons by way of SAle.
Special power of attorney is being executed to constitute/appoint someone to be his attorney-in-fact, to enter and consumate transactions for and in behalf of the principal.
For instance there are 5 siblings wherein their parents left no will with respect to the partition of the estate of the deceased, as children to their parents they are the compulsary heirs. Now if they decided to sell a parcel of land owned by their parents, they can appoint one of their sibling to be their Attorney in Fact by way of executing a special power of attorney. Hence No need for them to appear in the transaction, their sibling can do it by himself by virtue of the SPA . . ."
1. What do you mean by this? Please rephrase your question.
2. A lot. Human nature is human nature and there's always the need to have more. There's a big chance that it will be forged or that there will be at the very least, an attempt to transfer the property title to the sibling who has the property documents. Surprise, surprise.
3. No, an SPA only authorizes a person to act in another's behalf. For example, you signed a document allowing your brother to sell your property for you. An SPA cannot act as a safeguard because, in the first place, it is not meant to be a safeguard.
Let's keep it short and simple peeps. The name of the game is communication and no matter how brilliant your arguments may be, if no one can understand you, then you ain't in the game.