Estate Planning anyone?

By Randell Tiongson on June 9th, 2010

How many people do you know has applied for Insolvency?  I doubt if you’d know much, if any at all.  For most of us who earn a simple living and are modest wage earners, we think that having an estate is more of a dream than a reality.  We think that our lifetime is too short to catapult our present financial plight into the coveted bracket of lifestyle bliss.

In the Philippines, insolvency is seldom heard.  We have grown to become apathetic.  We should start to realize that building an estate is not exclusive to the rich and famous, to the executives, to the tycoons of the business world or to the demigods of multinational empires.  It is for everyone who has the resolve and prudence of a thinking and financially conscientious man.  The philosopher Nietzsche said, “Fight! Do not Work!”  This does not mean that we should create a labor union and destroy the capitalist which is what Karl Marx declared in his treatise, the “Manifesto.”  This only means that we should create not go along with things that are already created.  Build more, and not just remain contented with the idea of what to build or what has been built.

Indifference about insolvency… does this mean that we are good asset managers?  Perhaps we are.  Even the ordinary man knows that nobody can be sent to jail for not paying debts.  But the state of being insolvent is not all about your liability to creditors.  It is about your liability to yourself, the potential to amass resources, to achieve prosperity.  That does not end there.  By no stretch of imagination would you want to see your good and hard-earned resources go down the drain and drag your family along with it.

Perhaps, you were able to manage properly your investments including the fruits of your labor – your properties.  You are now prepared to leave this productive live of yours.  As that fateful day has arrived, your properties are transmitted to your heirs – your spouse and children.  However, can you still guide your children on how to manage or use the properties you transmitted to them?  Are you sure your wealth will not be spent in senseless parties, gambling, drinking sprees and incessant shopping?  A good life and estate plan would keep you from having to roll inside your grave.

In this country, estate planning has been relegated to the merely inheritance taxes. While estate planning helps you transfer your assets in a cost-efficient manner, it really goes beyond taxes. A good estate plan will help you ensure that what you originally intended for your estate can actually happen even without your physical presence.  Further, good estate plans foster family harmony. How many families do you know ended up fighting each other because of their estate? The intentions of the patriarch/matriarch in leaving an estate is help their children and leave a legacy of love – not strife.

Estate planning is a good tool to minimize, if not eliminate uncertainties in the proper distribution of your estate. Estate planning will help you have peace of mind that you will indeed leave a lasting legacy.

“A good man leaves an inheritance for his children’s children, but a sinner’s wealth is stored up for the righteous.” – Proverbs 13:22


9 thoughts on “Estate Planning anyone?”

  • Hi Randell,

    Agree with you 100%. Building an estate is something that we don’t just owe to ourselves but to the families that we started. Thanks for sharing.


  • Hi Randell,

    I agree, Filipinos should learn how to build estate and do estate planning but as in all things new, where to start is the problem. The concept of estate planning is something new in respect to the Filipino culture Do you have a formula of sort that would break the ice. Thanks and more power.

    Ramon Ongoco

  • Hi Randell, do we already have living trust in the Philippines? Is it limited to the plans that we have with the bank? How about real estate – do we have living trust in this area already?

  • Good day, Sir Randell. I am doing a research on Estate Taxes. Someone in another website mentioned “Estate Planning” in my query, “Are Estate Taxes in the Philippines too much?” So I googled “estate planning” and the first on the list is your site. I’m just asking if there are any laws out there regulating “Estate Planning” and I’m also wondering how one does it. I need your answers to back my research up, which will be used in drafting a bill by a congressman. Thanks!

  • For those who are asking, we have living trusts in the Philippines. They are usually either revocable or irrevocable trusts. Estate tax is different from estate planning. The latter includes the former.

    A trust is an arrangement under which one person, called a trustee, holds legal title to property for another person, called a beneficiary. You can be the trustee of your own living trust, keeping full control over all property held in trust.
    A “living trust” (also called an “inter vivos” trust) is simply a trust you create while you’re alive, rather than one that is created at your death.
    Different kinds of living trusts can help you avoid probate, reduce estate taxes, or set up long-term property management.

  • If I want to do estate planning, how do I start? What do we need to do? Who can help? Can an ordinary law firm do this or it has to be a estate planning agency? Please recommend steps to do since I am interested to initiate estate planning for my family.

  • Hi Ms. Milagros Querubin:

    May I introduce myself. I’m Erwin Dela Cruz, a professional Estate Planner.
    I have developed a framework of an estate plan based on Philippine setting and estate tax laws. I’m offering this service to business owners and company executives who wants to have a comprehensive estate pla for themselves and their families.

    If you want to know more about this service, please email me at [email protected].

    Thank you.


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Estate Planning anyone?