Many expats assume that if they’ve lived with their partner for years, the law will recognise that relationship if something happens to one of them.
Unfortunately, that’s not how it works in the Philippines.
I recently visited a British friend in hospital shortly before he passed away. He had shared his life with his Filipina partner for more than a decade. They had built a home together, planned their future together and, to everyone who knew them, they were effectively husband and wife.
The problem was that they never married and he never completed the legal planning he intended to do.
When he died, the woman who had cared for him for eleven years discovered that, under Philippine law, she had very few automatic rights to his estate.
It was a heartbreaking situation, and one that could have been avoided.
There Is No Common Law Marriage for Foreign Couples
One of the biggest misunderstandings among foreign retirees is believing that living together creates the same legal protection as marriage.
In the Philippines, it doesn’t.
Although Philippine law contains provisions covering certain unmarried Filipino couples, those rules do not automatically provide the same protection for relationships involving a foreign national.
If you’re a British, Australian, American or European citizen living with a Filipina partner, your legal position can be far more complicated than many people realise.
That’s particularly true when property ownership, inheritance and cross-border estates are involved.
The Biggest Risk Is What Happens After You’re Gone
Most people put off writing a will because they assume there’s plenty of time.
Life has a habit of proving otherwise.
Without a properly prepared will, your estate may be distributed according to Philippine succession law and, depending on your circumstances, other countries’ inheritance rules as well.
If you have children from a previous relationship, overseas assets or property in the Philippines, the people you expected to benefit may not be the people the law ultimately protects.
The law follows legal relationships, not emotional ones.
Property Creates More Questions Than Answers
Foreigners cannot own land in the Philippines, although they may legally own condominium units within foreign ownership limits.
Many couples therefore live in homes registered solely in the Filipina partner’s name.
That arrangement may work perfectly while both partners are alive.
However, illness, separation or death can expose legal complications that neither partner anticipated.
Without proper planning, assumptions quickly become expensive mistakes.
A Will Is One of the Most Important Documents You’ll Ever Sign
If you have assets in the Philippines and someone you want to protect, a professionally prepared will should be one of your highest priorities.
It isn’t simply a document that distributes money.
A properly drafted international estate plan can help protect your partner, reduce family disputes, simplify administration and ensure your wishes are legally recognised across different jurisdictions.
This isn’t something to download from the internet or leave until next year.
It deserves professional advice from people who understand both Philippine law and the international issues that many expats face.
Cross-Border Estate Planning Matters
Many expats don’t realise that their estate may fall under more than one legal system.
Assets located in the Philippines may be subject to Philippine estate tax, while UK inheritance tax or other overseas tax rules may also apply depending on your personal circumstances.
Good planning isn’t just about writing a will.
It’s about making sure your entire estate is structured properly so the people you care about receive what you intended, with as little delay, cost and uncertainty as possible.
Don’t Leave It Too Late
The gentleman whose story opens my latest video wasn’t reckless.
Like so many people, he simply believed there would always be time to deal with it later.
Sadly, later never arrived.
His partner paid the price for a decision that was never made.
If you’re living with a partner in the Philippines, own assets here, or have family in more than one country, now is the time to review your legal and estate planning.
It may be one of the most important conversations you ever have.
Watch the accompanying video below, where I explain the legal position in greater detail, discuss common misunderstandings about common law relationships in the Philippines, and outline the practical steps every foreign man should consider to protect the people he loves.
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