Death of my sons dad in the Philippines

Hi.
I'm hoping someone can help a little please. I've rung everyone and cannot get any answers. 
My sons dad lives in the Philippines,  he is married with a child. He unexpectedly died this week. He holds English bank accounts, and has work pensions. The wife was saying she had no money, so the in laws gave her the details of English bank to use, all in his name only. His death has not been registered in the UK. Wife says there is no Will, but there definitely used to be in UK. 
My ex always said my son is in the Will. 
He owns, property, land and businesses in Philippines. He was only 56 when he died and had good work pensions, that were due next year. Obviously we have no info on banks, wills, or anything. Can the wife just take everything? And not tell anyone that he has a son in UK.
I do not have the money to get a solicitor. 
Don't know what to do 😔 
He was cremated within 24hrs and death certificate has been released. 
Many thanks.

Comments

  • RAS
    RAS Posts: 34,935 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Would the English will about which you know have been written before he married in the Philippines?

    Marriage invalidates previous wills.
    If you've have not made a mistake, you've made nothing
  • DullGreyGuy
    DullGreyGuy Posts: 17,272 Forumite
    10,000 Posts Second Anniversary Name Dropper
    edited 27 September 2024 at 4:24PM
    A marriage invalidates a prior will in the UK, you can make a will in anticipation of a marriage but it's highly explicit to the particular marriage not some future random person you marry. 

    Presumably he was resident and domiciled in the Philippines? 

    Multi-national probate is a complex thing, his country of domicile typically takes the initial lead, in some cases England can just reseal a foreign probate but that tends to be more commonwealth countries and for assets here a UK probate will be required too. 

    It appears that in the Philippines there are compulsory heirs but you need to check with someone who understands their law properly and not someone who's randomly googled something.
  • Ayr_Rage
    Ayr_Rage Posts: 2,321 Forumite
    1,000 Posts Second Anniversary Photogenic Name Dropper
    You say you know there was a will in the UK, when was that made and were you married at the time?

    As above, any subsequent marriage automatically invalidates a previous will.

    Regarding the pensions, it will depend on where they are held and the type as to whether they can be be transferred as cash or a widows/dependant pension paid to whoever is nominated by the deceased or agreed by the trustees.

    It sounds very suspicious that if he had an established life in the Philippines his wife did not have access to any money.

    You will need proper legal advice and a great deal of cooperation from his family and wife.

    Good luck.
  • Is it possible that you were nominated to receive any death benefits due from the pensions? You may want to contact the pension companies and advise them of the death.
  • You son is entitled to inherit under Philippine inherency laws whether there is a will or not. Interestingly legitimate children are treated ahead of spouses and illegitimate children which seems unfair especially for a spouse in financial difficulty.

    https://lawyerphilippines.org/compulsory-heirs-under-philippine-law/
  • Thank you all your replies. I have found out more and it doesn't look good for my son. How do I inform the Philippines probate service about my son? If his wife doesn't.
    Many thanks 
  • silvercar
    silvercar Posts: 49,158 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    If you know where the UK bank account is held plus any UK pensions, then inform them of the death. That should put a hold on the accounts in the short term.
    I'm a Forum Ambassador on the housing, mortgages, student & coronavirus Boards, money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Marcon
    Marcon Posts: 13,758 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Combo Breaker
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 349.8K Banking & Borrowing
  • 252.6K Reduce Debt & Boost Income
  • 453K Spending & Discounts
  • 242.8K Work, Benefits & Business
  • 619.6K Mortgages, Homes & Bills
  • 176.4K Life & Family
  • 255.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.