has sexually identified herself as a lesbian. She is currently having a relationship with another woman who comes from a conservative family so as such, they do not approve of their relationship. Despite their disapproval, they would still like to pursue their relationship. Same-sex marriage is not legal in the Philippines, so they cannot be legally wed here. One of the problems which arise from this circumstance is if, God forbid, her girlfriend dies, her parents would take all her possessions. Since they are not legally married, my friend is not legally entitled to her girlfriend's possessions. Her girlfriend is persistent on not giving what she has to her family, and would very much prefer to give it to her GF. Is there a way in which her girlfriend's possessions would be protected from her family getting it while also giving her possessions to my friend?
My answer is short of naturalizing and becoming American, there is no way the parents of the friend will not get anything. Their share of the inheritance is protected by the law of legitime.
However, to go around this, the friend can have a legitimate or adopted child which would remove the parents from the line of succession. The child must be legitimate or adopted because illegitimate child still makes the parents concurring heirs. But the estate will go to the child not to the GF.
Another option is to write a will and give to the GF half of her asset which is equivalent to her free portion. The other half will go to the parents as their legitime.
Two other options would be for them to form a partnership or a corporation. Another is to set up a trust or insurance.
There
/RZS
/RZS
Tobiel W. Dave
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