Professional Documents
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Presentation1Living To Leaving (Autosaved)
Presentation1Living To Leaving (Autosaved)
• The skillful administration of properties while managing properties while managing taxes
to the best possible extent
3. Prepare liquidity so that loved ones will have adequate cash to pay for immediate
expenses such as medical fees, funeral costs, estate taxes & other payables at the
time of death
4. Arrange documents such as wills and deed of donations or set up a trust fund
5. Plan on how to manage or minimize taxes legally through assistance of tax experts
6. Regularly review & revise, if necessary the original estate plan to make it responsive
to your current needs
CHAPTER 2
ESTATE PLANNING TERMS
Definition of Terms
Irrevocable beneficiary –
beneficiary designation made Revocable beneficiary –
by the trustor that cannot be beneficiary designation that can
Heir- a person legally
changed or revoked once the be changed anytime even after
entitled to receive
agreement is signed unless the agreement is signed before
property of the deceased
terminated the death of the trustor
CHAPTER 3
PROBLEMS ENCOUNTERED
WHEN THERE IS NO PLAN
Why plan ahead?
• To determine if the properties are solely and exclusively owned by the husband or the
wife to know which assets will be included in the computation of their individual
gross estate in case one dies ahead of the other.
• If the property is part of the CONJUGAL ASSET of the deceased, then only half of
the value will be subject to estate tax & not the whole property
CHAPTER 7
FAMILY COMPOSITION
CLASSIFICATION OF CHILDREN
LEGITIMATE CHILDREN ILLEGITIMATE CHILDREN LEGITIMATED CHILDREN ADOPTED CHILDREN
Those conceived or born during Those conceived or born Does conceived and born Those who are legally taken and
the marriage of parents outside a valid marriage outside of wedlock of parents brought into the adopters family
who are not disqualified to to be given support and care as
Children conceived as a result Illegitimate children have marry each other during the if they were their own
of artificial insemination are inheritance rights, although it is time of the child’s conception biological children
considered legitimate children much less than the share of
provided the husband and wife legitimate children and These are children born before Adoption is a relationship
authorized such insemination in illegitimate child gets ½ of the parents got married but there are legally created or established
a written instrument. ledge a team of what is given to no impediments to get married through a court proceeding
a legitimate child at conception between a child and a parent.
For legal adoption to be valid
and effective all necessary
requirements must be complied
with
CHAPTER 8
TYPES OF HEIRS
TYPES OF HEIRS
SECONDARY
COMPULSORY HEIRS – heirs
on the ascending line which DEVISEES – person to receive
includes legitimate parents and real property given through a last
their ascendants; they inherit will and testament
only in the absence of primary
compulsory heirs
• Exclusion of compulsory heirs is called preterition, as a result it will annul
the institution of heirs but the institution of the devices and legacies still be
valid insofar as they are not inofficious.
• Disinheritance may also be effected through a will stating the legal cause for
such disinheritance
CHAPTER 9
WEALTH ACCUMULATION
&
FINANCIAL PLANNING
train yourself to
set your track your save a portion KEEP
assess your current live within or
financial expenses and to pay yourself save & invest YOURSELF
financial situation even below
objectives income first PROTECTED
your budget
3 MAIN CLASSES OF ASSETS
Typical Goals for liquidity provides income during retirement to match and identified goal in
or to match identified goal in 5 to 10 years or more
10 years
Return Potential Low Moderate High
example Money market such a savings, capital market such as corporate capital market common stock
time deposit and short-term bond or government bond or prepared stock
fixed income
• Do not put all your eggs in one basket
• Calculating NAVPS
Dividing the total net asset value of the company by the number of outstanding shares or units
Financial institution investment product description
mutual fund companies and Mutual fund (MF) Open and investment security that enables investors of mutual fund
investment houses companies and investment houses to pool their money together into
one professionally managed investment.
Monitored by SEC
trust companies or trust Unit investment trust fund (UITF) It is an open ended pool fund administered my trust in teepees and
department of banks is made available through participation just like in mutual funds
the underlying investments here maybe put in fixed income
securities equities or a combination of both
Monitored by BSP
life insurance companies Variable unit link product (VUL) Product offered by insurance companies that provide investors with
both insurance and investment portion of the phone is used to pay
for the cost of insurance so that the product and offer insurance
benefits which are not available in the previous products the
remaining portion of the font is used to invest in various security
such as fixed income equity or a combination of both.
• Fixed income fund -it is a type of fund that’s holy capitalizes in fixed income
investments such as bonds or certificates of deposits. this fund provides limited return
given the low amount of risk the investor takes in
• Balance fund - it is a fund that combines both fixed income in stock component in a
single portfolio this hybrid fond of bonds and stocks is applicable to clients looking for
an investment that provides both secure and moderate income from capital appreciation
• Equity fund –it is a fund invest in stocks or equity securities its return potential is bigger
compared to other friends but is also poses higher risk given opportunity for better
returns
• Growth fund -fund that aims to achieve capital appreciation by investing in companies
long they will be in the streets and which are experiencing significant earnings rather
than companies that provide dividends
CHAPTER 10
MANAGEMENT TOOLS IN
THE ESTATE PLANNING
1. Use of “AND/OR” in bank Main goal of the owner Estate planning tools
accounts
ATTAIN PERSONAL And/Or bank accounts
2. Will NEEDS AND WISHES Trust
Life insurance
3. Donation and Sale
ORDERLY TRANSFER Will
4. Incorporation of family’s assets THE ESTATE TO HEIRS Donation
Sale
5. Trust Incorporation of Family’s
Assets
6. Life insurance
1. Use of “AND/OR” in bank accounts
when you intend to open a bank account jointly with another person such as your
wife, brother or any other person open AND/OR account and not and AND
account only- in AND/OR account only one of the account holders is required to
sign in any transactions especially on withdrawals.
Useful when one of the owners get sick or incapacitated.
3. Donation and Sale
2. Will
• Both devices are options in transferring
• An act whereby a person is
ownership to another person
permitted with the formalities
prescribed by law to control to a Donation is defined as Sale is the transfer of
certain degree to disposition of the voluntary transfer property ownership in
his estate to take affect after his of an asset from one exchange for payment
person to another of money or
death without any consideration the
• CHAPTER 11 tackles wills for compensation. The seller will be required
donor is required to to pay capital gains
Succession Planning pay donor’s tax upon tax
giving the property
4. Incorporation of Family’s Assets
Creation of a family corporation
1. Separate juridical personality – a corporation is treated as separate entity from
stockholders
2. Limited liability of stockholders – any liability obtained by the corporation will be
charged against the corporation & not directly against stockholders
3. Shares of stocks are easier to distribute to heirs –shares of stock convenient to
divide & distribute
4. Reserves the management of wealth within the family – insures continuity of
ownership
5. Trust
• entrusts his property to a trustee who can either be
The holding of an asset as an owner by
one person for the benefit of another
trustor an individual or an institution.
FREE PORTION - The remaining part or leftover of the estate after lunch the ledge a
team or the shears of compulsory heirs have been given. Only exists when the will is created so
if there’s no will there is no free portion
WHAT CAN A WILL DO?
(1) Name the executor –to assign the person who will be
CONDITIONS IN WRITING A
responsible in carrying out his wishes. It can either be a WILL
member of the family, business associate, trust institution or
another 3rd party. • It can only be executed by an individual aged 18
years old and above
(2) Name the recipient of gifts and bequests – to designate • the testator or person writing a will must be of
the people you want to inherit a portion of your estate. A
sound mind
testator cannot use a will to disinherit a compulsory heir
without sufficient legal cause. Accepted reasons for • Knows the nature of the estate, the proper objects of his
bounty and the current the character of the testamentary act
disinheritance include proven attempts to take the testator’s
life or maltreatment by compulsory heir. • it must be written and in language or dialect known
to the testator
(3) Name the guardian for testator’s children who are
minors – to name someone who will take care of the children • it must be in the prescribed form
when the testator dies.
• it is an individual act and hence there is no joint
well in the Philippines
CONSEQUENCES IF A PERSON DIES WITHOUT A
2 TYPES OF WILLS WILL
2. Donative Intent - The donor must have the deliberate intention to donate
3. Acceptance by the donee - person who will receive the donation must freely accept the donated property
and this must be made during his lifetime
4. Delivery of the gift to the donee - donated property must be delivered to the person accepting the donation
or through an authorized person with general or special power for that purpose
5. Real, Personal, Tangible or intangible property - property can be anything with monetary value.
DONATION IS SUBJECT TO DONOR’S TAX
1. Ordinary - the prescriptive period is 10 years if possession is done in good faith and with a just
title.
2. Extraordinary- ownership and other real rights over an immovable property are acquired through
uninterrupted adverse possession for 30 years without need of title or of good faith.
TRUST
Testamentary Trust -takes effect after a person’s Inter Vivos Trust “Living Trust”- takes effect
death and is created inside a will. even if the person is still alive