What If Surviving Heirs Don’t All Agree with an Extrajudicial Settlement

How to Handle EJS of Estate If an Heir Is Missing or Doesn’t Want to Sign

Partition of an inherited land can be full of drama in the Philippines, with surviving heirs trying to get more of their fair share. With no will left, the best option to subdivide the property of a deceased parent is through an Extrajudicial Settlement. But what if one of the legal heirs doesn’t agree with the partition plan, or is abroad and can’t be reached for their signature? Can an EJS still be produced or just forget about the inherited property?

Importance of an Extrajudicial Settlement

An Extrajudicial Settlement is the legal process allowing legal heirs to subdivide a property left by the deceased owner without the need to file it on court. This is often the go-to legal solution to settle land partition in the Philippines among surviving heirs. However, this is only applicable if the property has no tax debts, no last will left, and all siblings or legal heirs agree on the partition plan.

Unanimous Consent to Proceed with EJS

An EJS cannot push through with a missing family member or legal heir according to Rule 74, Section 1 of the Rules of Court of the Philippines. A unanimous consent is required from all surviving heirs to settle their inherited property outside of court. Therefore, an EJS will only be valid if all legal heirs have signed the deed.
Each heir has the right to their share of inheritance, so it’s unjust to proceed with a missing heir. If you do, you’re depriving the person of his inheritance without due process. As it should, the law protects absent legal heirs from being swindled or excluded by other siblings or family members. Also, all heirs’ signatures must be secured in order for the EJS to be legally binding.
In case of incomplete signatories in the deed but remaining heirs are claiming they’re the “only heirs”, then they are committing perjury. Once the missing legal heir resurfaces, he can directly file a case to invalidate the EJS. In addition, he can demand his rightful share and cancel newly issued land titles to other legal heirs.
Aside from unanimous consent, government agencies will need to verify legal requirements to produce a valid EJS. For the notaries public, every party should be present and have their valid IDs. The verification process will also require birth certificates and marriage contracts so that the BIR can verify the family tree. In case of any discrepancies, such as in the signatures of heirs, the Registry of Deeds may reject title transfers.

Final Thoughts

The best way to proceed with an EJS is to get a unanimous consent from each legal heir. Good communication among siblings is important to settle the distribution of inheritance. If you have questions regarding title transfer and other related matters, you can contact us here at REALS.PH website. You may also visit our listings of property for sale in Baguio City and other major locations.