Estate planning, especially creating a will, is an important consideration for Filipinos living abroad. While many in our culture avoid talking about death due to superstition or family sensitivities, preparing a will is not about expecting the worst — it’s about taking responsibility for the future.
In Filipino culture, talking about death is often considered taboo, with many viewing it as bad luck or a sign of inviting misfortune. This belief leads to the common tendency to avoid discussions about estate planning or writing a will, as it is seen as too morbid or premature.
Family dynamics also play a role—many assume that close-knit families will “naturally” take care of things when the time comes, without realising the legal complications that can arise without a clear plan.
As a result, important matters like inheritance, guardianship, and funeral wishes are often left unspoken until it’s too late, causing confusion and sometimes even disputes among family members.
For overseas Filipinos, such as in countries like Australia, a legally valid will ensures that your assets are distributed according to your wishes and that your loved ones are spared from unnecessary stress and legal complications when you pass away.
Why Filipinos need to consider estate planning
Here’s a brief explanation of why Filipinos, including those who have acquired citizenship abroad, still need a will:
Ensures your assets go to your intended beneficiaries
A will gives you control over who receives your property, savings, or sentimental belongings, rather than leaving it up to local laws.
Avoids family disputes and potentially lengthy legal battles
With a clear will, your family can avoid misunderstandings, disagreements, and costly court processes during an already emotional time.
Protects your children and dependents
You can name a trusted guardian to care for your children or dependents, giving them stability and legal protection in your absence.
Addresses both local and overseas assets
Many Filipinos own property or accounts in more than one country; a well-prepared will can help manage how these are handled across different legal systems.
Can express your funeral and burial wishes
Your will can reflect personal or cultural preferences for your final arrangements, helping your loved ones honour your wishes with clarity and respect.
Difference between Philippines and Australia when it comes to estate planning
When it comes to wills, the key difference between the Philippines and Australia lies in the legal system and how inheritance is handled. The Philippines follows a civil law system, where family hierarchy plays a strong role in inheritance.
The law recognises compulsory heirs (like spouses, children, and parents) who are legally entitled to a fixed portion of the estate, regardless of the deceased’s wishes. Filipinos can also create notarised or holographic wills (handwritten by the testator) which are more flexible in form.
In contrast, Australia follows a common law system, where you have more freedom to decide who inherits your assets. However, this freedom comes with strict requirements. A will must meet legal formalities to be valid, such as being properly signed and witnessed.
Each state and territory in Australia has its own laws, so it’s important to follow the rules specific to where you live. The executor’s role is formal and supervised by the court during the probate process, which can take time and must be done correctly.
Here are things you need to consider:
- If you own assets in both countries, consider seeking advice for an international estate plan or separate wills for each jurisdiction.
- Avoid DIY wills unless you’re confident with legal requirements.
- Review your will regularly, especially if your family situation or location changes.
- Ensure your will clearly names an executor and includes all major assets, including those in the Philippines.
What happens if you die without a will in Australia
f a Filipino temporary worker, permanent resident (PR), or dual citizen dies in Australia without a will, the state steps in to decide how their assets are distributed based on intestacy laws—not personal or cultural preferences.
This means that your spouse or de facto partner may not automatically receive everything, especially if you have children from a previous relationship or family overseas. Even stepchildren, parents, or siblings may have a legal claim depending on the situation.
The legal process becomes longer, more expensive, and emotionally draining for your loved ones, as they must apply to the court to administer your estate. This can be especially hard for families in the Philippines who may be unfamiliar with Australian procedures or struggle with the distance and paperwork.
For example, if a Filipino PR in Melbourne passes away without a will, his Australian partner may need to fight for access to shared assets, while his siblings back home could make claims, leading to conflict and delay.
Without clear instructions, your funeral wishes or desire to support relatives in the Philippines might also be ignored. Creating a will avoids all this confusion and ensures your intentions are honoured.
How to create a will in Australia
Having a clear will is one of the most important things you can do to protect your family and your legacy, both in Australia and back home in the Philippines. Here’s how you can start:
List your assets
Include everything you own in Australia and the Philippines:
- Property (house, land titles)
- Bank accounts
- Superannuation
- Life insurance
- Vehicles
- Personal belongings (jewellery, heirlooms, collections)
- Assets in the Philippines (e.g., land, inheritance, business shares)
If you have property in the Philippines, consider whether you want a separate will for PH assets, or a legally recognised international will. Philippine law still applies to those assets, even if you now live abroad.
Specify your beneficiaries
Decide who you want to receive your assets:
- Spouse, children, or other family members
- Friends or godchildren (inaanaks)
- Charities or religious organisations (optional)
Clearly name each person and relationship (e.g., “Maria Santos, daughter”) to avoid confusion, especially if family members have similar names or nicknames.
Appoint an executor
Your executor is the person who will carry out your wishes after your death. Choose someone:
- You trust completely
- Who is organised and responsible
- Ideally based in Australia, for easier legal processing
You can also appoint a backup executor in case the first one is unable or unwilling to act.
Consider Guardianship for Children (If Under 18)
If you have young children, you can name a guardian to care for them. This is especially important if:
- You’re a single parent
- Your spouse is overseas
- Your preferred guardian is in the Philippines
Discuss this with the chosen guardian first and seek legal advice if the guardian lives overseas, as this could involve immigration or custody issues.
Write your will
You can write your will with a solicitor (recommended for complex cases) or through an online or public trustee will service (for simpler estates).
A solicitor can help ensure your will is legally valid in Australia and guide you on how to handle overseas properties properly.
Sign and witness it properly
Sign your will in front of two adult witnesses.
- Witnesses must not be beneficiaries.
- Everyone must be present at the same time.
If English isn’t your first language, you can write the will in English but have someone explain the contents in Tagalog or your dialect to ensure you fully understand.
Store the will safely
Keep the original in a secure location. This can be with your solicitor, in a fireproof safe at home or in a bank deposit box (if accessible to executor). Do not hide it where no one can find it — an unknown or missing will is as good as not having one.
Inform your family or executor
Tell your executor and a trusted family member that you have a will, where it is stored, and who to contact (e.g., your lawyer). You can also provide a written guide or a letter of wishes to help them understand your decisions or any cultural practices you’d like respected (e.g., Filipino-style funeral).
Real-Life Examples
Maria died without a will in Sydney.
Her estranged husband inherited everything, leaving nothing for her elderly parents in the Philippines.
If you’re separated but not legally divorced, your spouse may still be entitled to your estate under Australian intestacy laws. Review your will after major life events, like separation or new relationships, to reflect your true intentions. If you want to provide for family members back home (e.g., elderly parents), you must clearly name them in your will.
Lito wrote a will in the Philippines.
It wasn’t accepted in Australia. His family faced delays in accessing his super and bank accounts. A will written in the Philippines may not meet the legal requirements in Australia.
So it’s ideal to create a separate Australian will for your Australian assets (like superannuation, bank accounts, or property).
Talk to a solicitor about managing dual-country assets—you may need coordinated wills that don’t cancel each other out.
Where to get additional help
- Community legal centres (free or low-cost legal advice).
- Legal Aid in each state (Legal Aid NSW, Victoria Legal Aid, etc.)
- Accredited Filipino-Australian lawyers.
- Online will platforms (ensure they’re compliant with Australian laws).
- Consulate or embassy (for dual-country estate planning guidance).
Conclusion
Writing a will is an act of love and responsibility — a powerful way to protect the people you care about most. It’s not about expecting death, but about securing peace of mind and ensuring your wishes are respected while you’re still here.
For Filipino migrants, taking this step may feel unfamiliar or even uncomfortable, but it’s one of the most thoughtful things you can do for your family. Whether your estate is simple or complex, starting the process today — even with just a basic will — is far better than leaving your loved ones with uncertainty and legal complications later.
Note: This article is intended for general informational purposes only and does not constitute legal or financial advice. While efforts have been made to ensure the accuracy of the content at the time of writing, laws and procedures may change and vary between Australian states and in the Philippines.
Readers are strongly encouraged to seek professional legal advice or consult a qualified estate planner to address their specific circumstances and ensure compliance with all applicable laws.