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DRAFT - Deed of Extrajudicial Settlement of Estate With Waiver
DRAFT - Deed of Extrajudicial Settlement of Estate With Waiver
DRAFT - Deed of Extrajudicial Settlement of Estate With Waiver
This deed of Extrajudicial Settlement of Estate made and executed by and among
<HEIR>, widowed, <HEIR>, <HEIR>, <HEIR>, <HEIR>, <HEIR>, all of legal age, all
Filipino citizens, and residents of <address> (collectively referred to as the “HEIRS”).
~WITNESSETH~
WHEREAS, the above-named parties are the only forced and legal heirs of the late
<DECEDENT> (“Decedent”), who died intestate on <DATE> in Westlake Medical Center,
Brgy. Nueva, San Pedro City, Laguna, being the widowed husband and children of the said
decedent;
WHEREAS, at the time of her death, the decedent left a certain sum of money
deposited at the Philippine National Bank (“PNB Bank”), located in 865 M. Naval Street,
City of Navotas, Manila 1485 Philippines under Joint Savings Account with <XXXX>
bearing the Account No. <XXXX>;
WHEREAS, there are no known debts or obligations due against the estate of the
decedent; and
WHEREAS, it is to the best interest of the parties thereto to divide, partition, and
adjudicate unto themselves the entire estate of the decedent extrajudicially, adjudicating, as
they do hereby adjudicate, the same to and among themselves extrajudicially in the manner
hereinafter set forth.
NOW THEREFORE, for and in consideration of the premises, and invoking the
provisions of Rule 74, Section 1, of the Rules of Court, the parties hereto do by these
presents agree to divide and partition the entire estate above described, adjudicating as they
do hereby adjudicate the same to and among themselves pro-indiviso EQUAL SHARES.
WAIVER OF RIGHTS
That in the remote event that any property of the decedent should ever be found
which is not included hereinabove, the HEIRS hereto further agree as they do so agree to
settle and distribute the same in like manner and proportion as herein established and
disposed;
That the HEIRS hereby covenant and further warrant that should there be preterition
or omission of one, some, or all of the compulsory heirs in the direct line, whether living or
not at the time of the execution of this Deed, will not invalidate/nullify the terms and
conditions of this Deed. Instead, the HEIRS shall proportionately oblige themselves to pay to
the omitted heirs or the latters’ heir(s) the share which belongs to him/them, in accordance
with the rules of succession under the Civil Code of the Philippines.
__________________________ __________________________
<HEIR> <HEIR>
__________________________ __________________________
<HEIR> <HEIR>
__________________________ __________________________
<HEIR> <HEIR>
__________________________
<HEIR>
______________________________ ______________________________
ACKNOWLEDGMENT
BEFORE Me, a Notary Public in the City of Bacoor, personally appeared the
following persons, presenting to me as competent proofs of their identity, the following:
known to me and to me known to be the same persons who executed the foregoing
instrument, and they acknowledged to me that the same is their free and voluntary act and
deed.
This instrument consists of three (3) pages including the page where this
acknowledgment is written, signed by the parties and their witnesses at the left-hand
margins.
IN WITNESS WHEREOF, I have hereunto set my hand and affix my notarial seal
on the day, year, and place first above-written.
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Series of 2021