Philippine Courts Can Probate Wills of Foreigners Executed in the Country

Gaspi v. Pacis-Trinidad, G.R. No. 229010, November 23, 2020

Imagine inheriting property from a loved one who was a foreign national, only to find out that their will cannot be probated in the Philippines. This scenario became a reality for Roel Gaspi, who faced a legal battle over the will of Luz Gaspe Lipson, an American citizen. The central issue was whether a Philippine court could probate a will executed by a foreigner within its jurisdiction. This case highlights the complexities of probate law, especially when dealing with estates of foreign nationals.

Luz Gaspe Lipson, an American temporarily residing in Iriga City, executed her last will and testament in 2011, naming Roel Gaspi as executor. After her death in 2015, Gaspi sought to probate the will in the Philippines, but the Regional Trial Court dismissed the petition, citing a lack of jurisdiction over the will of a foreign national. The Supreme Court’s decision in this case clarified the legal standing of foreign wills executed in the Philippines, providing crucial guidance for similar situations.

Legal Context: Understanding Probate and the Role of Nationality

Probate is the legal process of validating a will, ensuring that it meets the required formalities and that the testator had the capacity to make such a document. In the Philippines, the probate of a will is governed by the Civil Code and the Rules of Special Proceedings.

The nationality principle in Philippine law, as outlined in Article 15 of the Civil Code, states that laws relating to family rights, duties, status, condition, and legal capacity are binding upon citizens of the Philippines, even if they live abroad. For foreigners, their national law governs their personal rights, as per Article 16 of the Civil Code. However, this principle primarily applies to the intrinsic validity of the will, which concerns the distribution of assets, not the extrinsic validity, which deals with the will’s formalities and execution.

Article 17 of the Civil Code specifies that the forms and solemnities of wills are governed by the law of the country where they are executed. This means that if a foreigner executes a will in the Philippines, it should comply with Philippine formalities. Articles 816 and 817 further allow the probate of a foreigner’s will in the Philippines, whether executed abroad or within the country, provided it conforms to either the foreign national’s law or Philippine law.

These legal principles are crucial for understanding the court’s decision in Gaspi’s case. They illustrate that while the nationality of the testator is significant, it does not preclude Philippine courts from probating a will executed within the country.

Case Breakdown: From Dismissal to Supreme Court Decision

Luz Gaspe Lipson, an American citizen, executed her will in Iriga City, Philippines, in 2011. She appointed Roel Gaspi as the executor. After her death in 2015, Gaspi filed a petition for probate in the Regional Trial Court of Iriga City. The court, however, dismissed the petition motu proprio, asserting that it lacked jurisdiction because Lipson was an American citizen, and her will should be probated in the United States.

Gaspi appealed to the Supreme Court, arguing that there was no prohibition under Philippine law against probating a foreigner’s will executed in the Philippines. The Supreme Court reviewed the case and found that the Regional Trial Court erred in dismissing the petition for lack of jurisdiction.

The Supreme Court’s decision emphasized that the probate of a will only involves its extrinsic validity, which is governed by the law of the country where the will was executed. Justice Leonen, writing for the Court, stated:

“The probate of a will only involves its extrinsic validity and does not delve into its intrinsic validity, unless there are exceptional circumstances which would require the probate court to touch upon the intrinsic validity of the will.”

The Court further clarified that Articles 816 and 817 of the Civil Code allow Philippine courts to probate a foreigner’s will if it was executed in the Philippines and conforms to Philippine formalities. The Court noted:

“If an alien-decedent duly executes a will in accordance with the forms and solemnities required by Philippine law, barring any other defect as to the extrinsic validity of the will, the courts may take cognizance of the petition and allow the probate of the will.”

The Supreme Court reversed the Regional Trial Court’s orders and remanded the case for further proceedings to determine the will’s extrinsic validity.

Practical Implications: Guidance for Future Cases

The Gaspi v. Pacis-Trinidad decision provides clear guidance for the probate of foreign wills executed in the Philippines. It affirms that Philippine courts have jurisdiction over such wills, provided they meet the formalities prescribed by Philippine law. This ruling is particularly significant for foreigners with property in the Philippines and their potential heirs.

For individuals and businesses dealing with estates of foreign nationals, it is essential to ensure that wills are executed in compliance with Philippine formalities. This decision also underscores the importance of understanding the distinction between the extrinsic and intrinsic validity of wills, as the former is within the jurisdiction of Philippine courts.

Key Lessons:

• Foreigners executing wills in the Philippines should ensure compliance with local formalities to facilitate probate.
• Philippine courts have jurisdiction over the probate of wills executed within the country, regardless of the testator’s nationality.
• Executors and heirs should be prepared to demonstrate the will’s extrinsic validity, focusing on compliance with formalities.

Frequently Asked Questions

Can a foreigner’s will executed in the Philippines be probated in a Philippine court?

Yes, as long as the will complies with the formalities prescribed by Philippine law, a Philippine court can probate it.

What is the difference between extrinsic and intrinsic validity of a will?

Extrinsic validity refers to the will’s compliance with formalities and execution, while intrinsic validity pertains to the distribution of assets and the legality of the will’s provisions.

Does the nationality of the testator affect the probate process in the Philippines?

The nationality principle primarily affects the intrinsic validity of the will, not the probate process, which focuses on extrinsic validity.

What should executors do if a foreign will is dismissed by a Philippine court?

Executors should appeal the decision, arguing that the will’s extrinsic validity should be assessed under Philippine law, as per the Supreme Court’s ruling.

How can I ensure my will is valid in the Philippines if I am a foreigner?

Ensure that your will is executed in accordance with Philippine formalities, such as having it notarized and witnessed as required by Philippine law.

ASG Law specializes in estate planning and probate law. Contact us or email hello@asglawpartners.com to schedule a consultation.