Dear Nanay,
I read the question asked by your reader in the Philippine STAR March 4, about how her aunt could make a last will and testament based on her wishes. If you’ll allow me, I’d like to respond.
First, there is a need to determine her aunt’s property composition. This is because under our laws, she can only will away what she owns, to exclude the share of her spouse in their conjugal or community property. It is therefore essential to know the date of their marriage — whether before or after Aug. 3, 1988, the date when the Family Code took effect. Assuming that she got married after this date (because she married late), and no pre-nuptial agreement was entered into by the spouses, then all properties acquired by either or both spouses before and during their marriage belong to their community property, meaning they are jointly owned by both the aunt and her husband. This means that she can only dispose of half of their community property by way of a last will and testament or legal inheritance.
The next step is to determine her family composition to know who her legal heirs are. In the absence of a will, when a person dies with no surviving parents or children but leaves behind a surviving spouse, the latter would inherit 50 percent of the estate of the deceased spouse while the surviving siblings and/or nephews and nieces, who are called collateral heirs, would inherit the other 50 percent. However, if the aunt decides to write a last will and testament, the law requires that 50 percent of her estate be given to her spouse but as to the other 50 percent, she is allowed to bequeath the same to whomsoever she likes, except to those expressly prohibited by law (example: a mistress).
Thus, to answer your reader’s question, yes, her aunt can equally distribute her estate to each of her nephews and nieces. Whether she would like to also give to her brother or instead give directly to his brother’s children is entirely up to her. No law bars her from doing either.
I hope I was able to help. If your reader would like more information, she can get a copy of my book, Thy Will Be Done, which is available at National Book Store.
Thank you, more power and God bless. — Atty. Amc
Dear Atty. Amc,
Thank you for your reply. I hope this will prove helpful for Cristine to make an informed decision.
For Cristine, when your aunt has decided to actually sit down and do her will, you can consult a lawyer just to make sure no unnecessary mistakes are made. Good luck!
Sincerely,
Nanay
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Distribution in NBS
Dear Nanay,
I’d like to know if you will allow my latest book, my 8th, Flight of the Hermit Crab, memoirs of World War II, self-published because my publishers of earlier books have turned it down for some reason, to be available in National Book Store. The book is only available at our PEN members outlet Solidaridad Bookshop in Ermita.
Since many of my friends and relatives in the provinces are asking what popular bookstores they can get a copy, I am inquiring how and who can I contact in National Book Store to have my book copies sold on consignment basis. I am now a senior citizen and do not have to file income returns on my pension.
Thank you for your consideration. — Mrs. Ester Vallado Daroy
Dear Mrs. Daroy,
You may contact Juliet Gako of our purchasing department at 637-4481 to 82. She can guide you on the required procedures so that you can sell your book through our stores. Thank you.
Sincerely,
Nanay
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If you have a question, email us at asknanay@nationalbookstore.com.phor just drop your letter at drop boxes in all National Book Store branches nationwide.