Free Legal Form
Waiver of Hereditary Rights
For an heir who wants to give up their share in the property of a family member who has died, in favor of another heir. The co-heir accepts in the same deed.
WAIVER OF HEREDITARY RIGHTS
KNOW ALL PERSONS BY THESE PRESENTS:
I, heir's full name, age years old, Filipino, civil status, and residing at heir's address, hereinafter called the WAIVING HEIR, state that:
- full name of the deceased, hereinafter called the DECEASED, died intestate on date of death at place of death;
- I am the relationship of the DECEASED and, as such, one of the legal heirs entitled to a share in the estate of the DECEASED;
- co-heir's full name, age years old, Filipino, civil status, and residing at co-heir's address, the relationship of the DECEASED, hereinafter called the CO-HEIR, is also a legal heir of the DECEASED;
- The DECEASED left the following property:
- each property
- For no consideration, and of my own free will, I hereby WAIVE, RENOUNCE and RELINQUISH, in favor of the CO-HEIR, share being waived, so that the share I would have received shall go to the CO-HEIR;
- I have not sold, assigned or encumbered any of my rights in the estate of the DECEASED to anyone else;
- I am executing this waiver to support the settlement of the estate of the DECEASED and the transfer of the property concerned to the CO-HEIR, and for whatever other lawful purpose it may serve.
ACCEPTANCE
I, co-heir's full name, the CO-HEIR named above, hereby ACCEPT the foregoing waiver made in my favor.
IN WITNESS WHEREOF, we have hereunto set our hands this ____ day of ______________ 20___ at city or municipality, Philippines.
Waiving Heir
Co-Heir
SIGNED IN THE PRESENCE OF:
Witness
Witness
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
city or municipality ) S.S.
BEFORE ME, a Notary Public for and in city or municipality, this ____ day of ______________ 20___, personally appeared:
| Name | Competent Evidence of Identity |
|---|---|
| heir's full name | ID type and number |
| co-heir's full name | ID type and number |
known to me and to me known to be the same persons who executed the foregoing Waiver of Hereditary Rights, the first as waiving heir and the second as co-heir accepting the waiver, and who acknowledged to me that the same is their free and voluntary act and deed.
This instrument, consisting of ____ pages including this page on which the acknowledgment is written, refers to the estate of the late full name of the deceased, and has been signed by the parties and their instrumental witnesses on each and every page.
WITNESS MY HAND AND SEAL on the date and at the place first above written.
Doc. No. ______;
Page No. ______;
Book No. ______;
Series of 20___.
Before You Print
- Not legal advice. This is a general form. For your own situation, consult a lawyer, especially if your case is unusual or a lot of money is involved.
- You will sign it before the notary and confirm you signed it freely (this is called an acknowledgment).
- Do not sign it yet. You sign in front of the notary, with a valid government ID.
- A waiver in favor of a specific person may be treated as a donation for tax purposes, so donor's tax may be due. A general waiver that simply lets your share go to all the other heirs may be treated differently. Ask the BIR before you sign. See the donor's tax calculator.
- If you are being paid for your share, this is not a waiver but a sale, and different taxes apply.
- The waiver is usually brought together with the Extrajudicial Settlement (the heirs' signed agreement on dividing the property). See the Extrajudicial Settlement template and the guide Settling an estate.
For the steps around this document, see the guide Dividing property after a death.