Linking Filipinos in Ireland: News Exchange Service

Articles under this page:

• Understanding Wills and Death Benefits
• Why some applications for naturalization being returned to Filipinos unprocessed

What benefits  can a deceased nurses family expect under the  Voluntary Hospitals Superannuation Scheme ?

 

Typically if a nurse died in 2004  who was, for example,  earning 37,000 euros per year, a   surviving spouse could expect to  receive  the above amount almost immediately. However the above amount only  represents  the gross death gratuity.   The net death gratuity would be about   31,500  euros after the deduction of 5,500 euros. This 5,500 euro deduction covers future contributions due for pre scheme service and  potential service up to the age of 65 based (and is based on the deceased nurse's salary). So basically it means that the surviving spouse salary for the first year is 31,500 euros, and this will be, for example,    2,800 euros  per year thereafter.  (53 euros per week).

 

A dependent child will also receive a pension at the annual rate of about 950 euros per year  to each child.

 

These payments will cease in the event that the surviving spouse remarries. The pension paid to a dependent child is to be paid to the age of 16,  or where the child remains in full time education  to the age of 22.

 

What happens in the Philippines if  someone dies without making a Will. Who is entitled to act as administrator for the deceased persons estate ?

 

When a person dies without making a will, administration shall be granted to the surviving spouse or next of kin or both or to any person appointed by them.

 

 

Is there a difference if the deceased dies outside the Philippines ?

 

No.  The residence of the deceased at the time of his or her death is relevant only to the venue for the settlement of his or her estate. Interstate succession (meaning no will made)   shall be regulated by the national law of the person whose succession is under consideration whatever may be the nature of the property and regardless of the  country wherein said property may be found.

Real property as well as personal property is subject to the law of the country where it is situated.

 

Who are entitled to inherit from the descendant's estate ?

 

The civil  Code of the Philippine provides for an order of succession which is to be found in Book  2, Chapter 3,  Section 2. Succession pertains,  in the first place,  to the decending direct line.

 

Legitimate children and their descendants succeed the parents and other ascendants, even if they come from different marriages. An adopted child succeeds to the property of the adopting parents in the same manner as a legitimate child.

 

The children of the deceased shall always  inherit from him in their own right, dividing the inheritance in equal shares.

 

Source: Philippine Consulate - Dublin

 

(Disclaimer: Please take note the information provided on this web site is not legal advice and should not be construed as such. The material is provided for informational purposes only.)

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Applications completed by Filipinos are not being accepted by the Immigration Department in some cases due to an incorrect statutory declaration.

1. This is because they cannot accept an application  where the Commissioner for Oaths does not know the Filipino personally.
2. When the  application form is returned from the GNIB  it is accompanied by a letter stating that  "the witness must know the applicant personally or alternatively be identified by a person who knows both the applicant and witness.    Identification by a document is not acceptable.
3. The statutory Declaration must be signed and dated before the witness.  This would mean that the date of the signature of the witness would be the same as that of your own.
4. Please note also that your spouse's affidavit should be signed in the presence of a legal witness on the same date or after the date of the statutory declaration
5. An affidavit with a date prior to that of the statutory declaration cannot be accepted.

        (Other common reasons for refusal are as follows:)

1. Also not that tipex cannot be used on your application form.  Please not that tippex cannot be used on  any part of your application form.
2. Another common reason for return is that the application form is not  dated.
3. Question 1.9 which asks  "do you intend to have your usual or principal place of residence in the State  after naturalization or if married to an Irish citizen in the island of Ireland "… must be answered yes or no.

(Source: Philippine Consulate- Dublin)