Extrajudicial Settlement of Estate with Waiver of Rights is a legal process utilized in the Philippines to distribute the estate of a deceased person among the heirs as stipulated by law, without undergoing a judicial settlement.
A waiver refers to the voluntary relinquishment of a known right, which, in context, means one party agrees not to enforce certain contractual terms under specified conditions.
Extra-Judicial Settlement (EJS) with Waiver of Rights An EJS is a legal document that heirs use to divide and distribute the estate of a deceased person when there is no will (intestate succession) and when the heirs are in agreement on the division.
An extrajudicial settlement means a document where the details of how a deceased's properties are divided between heirs are laid out. An extrajudicial settlement is sometimes called an extrajudicial partition of estate. It is also often shorted into its initials EJS.
An extrajudicial partition is a legal process that involves the division and distribution of a deceased person's estate among their heirs, without the need for judicial intervention. In the Philippines, this is commonly done when all heirs are of legal age and agree to divide the estate amicably.
A waiver of inheritance rights, which is done voluntarily by an heir in favor of another heir, is generally considered a form of donation under the National Internal Revenue Code (NIRC). The law imposes donor's tax on such transfers unless an exemption applies.