Backpacking Vs Organized Tours – A Decision Every Traveler Faces

In planning my RTW adventure, I have been giving considering thought to the options of backpack solo, or booking into an organized tour. In my past travels, I have done a combination of both organized tours and backpacking solo and both have their good and bad points.

ORGANISED TOURS – THE GOOD …

Time Poor – If you only have a limited amount of time to go travel, then an organized tour is great as you will be able to get around and see all the things you want to, without the hassle of organizing the trip yourself.

New Friends – Usually people who book an organized tour with a specific company all have similar interests. I have made some amazing friends through doing organized tours and still, to this day, keep in touch with them.

You can be lazy – Once you have booked your tour, paid and packed your bag, you do not need to worry about a thing! You are in effect paying the tour company to take care of transportation, meals, accommodation and all the hassles involved in traveling.

ORGANISED TOURS – THE BAD …

Usually inept – Every tour has someone on the tour who will drive you nuts. When in India, I was traveling with two girlfriends and because there were 3 of us in total, we had to alternate sharing a room with another female. Unfortunately this female was an older woman who had no self awareness and was clearly an inexperienced traveler, some of the "interesting experiences" we had with her included:

  • She did not shut the door when she went to the bathroom, I would NEVER go to the bathroom with the door open, especially when I had only known the person for a matter of weeks …
  • She did not bring adequate first aid and medication supplies, unfortunately she came down with a mild cold / flu and proceeded to use everyone else's medicine and she never offered to replace it. When we went past a chemist, she was that inconsiderate that she did not even think to buy her own supplies.
  • She forgot her torch, now on this tour we were camping along the Ganges for several days and a torch was essential. So every time she went to the bathroom she borrowed my head torch, the problem was that she put this on her sweaty head and handed it back to me wet .. YUCK!
  • She hung her underwear up all over the bathroom and on my chair and bed, it was not a pleasant experience having to relocate her over sized bloomers every time I wanted to sit down …
  • She would leave the hotel with the key, there were several occasions when I was stranded outside of my room and had to wait for her to return, rule number 1 of an organized tour is ALWAYS leave the key with reception when you go out.

People who do not read the trip notes – Of the tours I have done, I have encountered two travelers, who never should have booked on the types of trips that they did. The first encounter was in Thailand, there were a young English couple on the tour, they had never traveled outside of britain and were both very young. They winged, moaned, sacrificed and did not enjoy themselves and pretty much did everything in their power to let the rest of us know they were not enjoying the experience. Had this couple taken the time to read the trip notes, they probably would have realized what they were getting them into and perhaps, reconsidered their trip.

Waiting, Waiting & Waiting – Now because tour leaders are acutely aware that people are always running late, whenever you need to leave your hotel or meet as a group, the tour leaders always tell you to meet at least 1/2 an hour before the Actual meeting time. This is fine if your the type of person that is always running late, however for the rest of us it means waiting around in lobby's for what looks like forever !!

BACKPACKING – THE GOOD

Now my personal preferred method of traveling is backpacking! And some of my favorite things about this mode of travel include:

  • You do not have to answer to anyone, if you do not like a place, you can simply leave, if you like it, you can stay!
  • You meet some amazing like minded people along the way, hanging out at hostels and having a beer in the lounge can introduce you to some amazing people
  • It is very inspiring hearing what other people have done and are doing, my addition to travel has come out of hearing other peoples stories about what they have done!
  • Other backpackers are generally very considerate and willing to meet new people and share their experiences
  • It is cheaper! You are not paying a premium for a tour company, a tour guide and their accommodation so you can cut costs as you see fit, stay in a nicer hotel or a cheaper hotel if that suits you!
  • If you get drunk and make a fool of yourself, you can just move on! You do not need to deal with anyone the next day!
  • It is easier to have a holiday romance! One of the most amazing romances I have ever had when I finished my organized tour in Thailand and backpacked around for a week, I met a wonderful American man who followed me to Bangkok and then onto Australia! I could not have had a romance when in an organized tour, especially an extended one as if it gets complicated, it can make the entire trip awkward!

BACKPACKING – THE BAD

At times you just want to have someone to take your photo! If you can not find someone to do side trips, you end up getting a lot of self portraits that are not exactly flattering!

It can be frustrating navigating around cities and countries on your own when you do not speak the language. Particularly if you are white and traveling to an Asian country, people know your a tourist and can take advantage of this.

  • You are a target, as a female you can be a target from male advances and this can be quite intimidating if you do not have the confidence to deal with it.
  • It can get lonely, if you do not strike up friends along the way, you can end up spending a lot of time alone, which on occasion can be nice, but it is very nice to share experiences with other people.
  • If you get sick, you are on your own, there is no-one to bring you medicine or look after you!
  • When you get home, you do not have anyone to share your experiences with, when traveling with a partner you can always reminounce about the things you have done, or you can email others from your tour and keep in touch. But when you travel solo, the reality is no one really cares what adventures you have been up to, they pretended, but they are not really interested!

All in all there are definite advantages and disadvantages for both backpacking and organized tours, for my trip I will be doing a combination of both n the beginning, however once I have finished in Africa, it is my intention to go solo for the rest of My trip and meet some new and exciting people along the way!

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Factors That Affect the Price of an Airline Ticket

The wide range of prices encountered when shopping for an airline ticket, make this a daunting task. What factors affect the price?

  • Fuel cost has one of the greatest effects on tickets. As the price of crude rises, so do the airline's costs. Airlines that negotiate fuel acquisitions well into the future can avoid sudden spikes, and pass on savings to the customer.
  • A weak economy causes people to cut back on non-essential travel. This encourages airlines to give discounts to lure fliers back. Conversely, when business is good, and planes are filled to capacity, there is little incentive to offer low price airline tickets.
  • Airport fees are another part of ticket prices. Airlines using smaller airports save on fees.
  • Destination is a factor. Competition will greatly affect price. An airline that enjoys a virtual monopoly for a particular route can charge pretty much what they want. Those flying international routes have stiff competition from other countries, and have to keep prices in line with what they are offering.
  • Budget airlines can sometimes provide the cheapest airline tickets through a "no-frills" approach. This is most effective on short-haul domestic flights.
  • Timing plays a role. If departure time is nearby, and a flight still has a lot of empty seats, the airline may offer them at a substantial reduction. If flying on a particular day is not critical, it may worth holding out until the last minute.
  • Where the ticket is purchased can affect its cost. Travel agents get bargains from the carriers, but charge for their services. The internet produces some bargains, but be careful who you are dealing with. Occidentally the airlines' own websites have unadvertised discounts.
  • Plain, old-fashioned greed. Air travel is a market driven economy, and airlines will charge as much as they can get away with. Do not believe anyone. Do your own research.

When shopping for cheap flights, be aware of what you are actually comparing. One airline advertisements a flight to an Asian destination, as $ 800, while another gives a price of $ 1300. Reading the fine print shows that the "cheap fare" has another $ 700 in hidden fees and surcharges, meaning it is actually $ 200 more than the all-inclusive fare.

There are many factors that affect the cost of an airline ticket. How well the carrier manages these costs will determine their bottom line. Competition is the key, airlines that most want your business will offer the best deals. Careful shopping will help find the cheapest flights.

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5 Fundamental Principles of Insurance

Insurance is a contract, a risk transfer mechanism whereby a company (Underwriter) promised to compensate or indemnify another party (Policyholder) upon the payment of reasonable premium to the insurance company to cover the subject-matter of insurance. If you are well conversant with these principles, you will be in a better position in negotiating you insurance needs.

1. Insurable interest. This is the financial or monetary interest that the owner or possessor of property has in the subject-matter of insurance. The mere fact that it might be detrimental to him should a loss occurred because of his financial stake in that assets gives him the ability to insure the property. Castellin Vs Preston 1886.

2. Umberima fadei. It means utmost good faith, this principle stated that the parties to insurance contract must disclose accurately and fully all the facts material to the risk being proposed. That is to say that the insured must make known to the insurer all facts regarding the risk to be insured (Looker Vs Law Union and Rock 1928). Likewise, the underwriter must highlight and explain the terms, conditions and exceptions of the insurance policy. And the policy must be void of ‘small prints’.

3. Indemnity. It stated that following a loss, the insurer should ensure that they placed the insured in the exact financial position he enjoyed prior to the loss (Leppard Vs Excess 1930).

4. Contribution. In a situation where two or more insurers is covering a particular risk, if a loss occurred, the insurers must contribute towards the settlement of the claim in accordance with their rateable proportion.

5. Subrogation. It has often been said that contribution and subrogation are corollary of indemnity, which means that these two principles operates so that indemnity does not fail. Subrogation operates mainly on motor insurance. When an accident occurred involving two or more vehicles, there must be tortfeasor(s) who is responsible for accident. On this basis, the insurer covering the policyholder who was not at fault can recover their outlay from the underwriter of the policyholder who is responsible for the incidence.

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Real Estate Agents – Strengths and Weaknesses in Listing Commercial Property Today

In this commercial property market there are some real pressures and challenges that confront a lot of property owners when they want to sell or lease their property. They need the help of top agents that really understand the local area, to help in moving the property.

Contrary to popular belief, it is in markets like this that good agents can make a lot of commission. It all comes down to the way in which they package their services and help their clients.

In simple terms, top agents and experienced agents can do very well today providing them work the local area and their database. A good database will always get you through any market conditions and frustrations. In saying, that I am a big believer that a salesperson's database should not be delegated to the office administrative staff to control.

Every salesperson should take ownership of their database; In this way they will get good activities from it. In this market you need leads that you can do something with. When a database is passed over to the administrative staff to control, the inevitable result is inaccurate and old data. The database soon becomes redundant. The salesperson does not keep it up to date.

Become Change Agents

So we are the 'agents of change' when it comes to helping our property clients an owners get results in this market. We should know how to attract the right people to every property listing that we take on. Exclusive listings are more important in today than ever before. Some top agents will not take on 'open listings' for the very reason that they are a waste of time and effort.

When you know the drawbacks of the industry and the listings today, you can offer the clients that you serve some solid solutions. So what are the drawbacks? Here is a list of some of the larger ones:

  1. The time that it takes to sell or lease a property can be longer today. Every client has to be conditioned for the best price or rent so the time on market is not lengthened. The first few weeks of every marketing effort are the most important. Position the property correctly to get the best inquiry in this time.
  2. High prices and high rents will achieve nothing. The price or rent for the property should be optimized for inquiry. You have to do more with less when it comes to marketing and inspecting of properties.
  3. A larger number of competitive properties can frustrate your marketing efforts and time on market. Check out these properties before you do anything with your listing.
  4. Buyers and tenants are slower to inquire, inspect the property, and then make a decision. Your skills with each stage of the listing should be optimized. Hone your skills accordingly.
  5. Limited finance can put some 'brakes' on the larger deals. Find out where your prospects can get finance from and what the criteria of approval may be.

Whilst these may be drawbacks in the market, they are also opportunities for agents that can get focused and organized. Every problem is an opportunity in disguise.

Are you a solution provider in this commercial real estate market? Top agents are just that. You can be too.

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Cancun Weather – Best and Worst Months to Go

Cancun weather is one reason why this Mexican resort enclave is the second most popular vacation destination in the Caribbean region.

Other reasons why Cancun draws so many tourists include its hotel, shopping and restaurant strip; the inexpensive bus transportation system; plenty of things to do; and convenient access to and from U.S. airports. It is 1.5 hours flight time from Miami and four hours from Chicago.

The best time to go to Cancun depends in part on whether you prefer to spend a lot of time on the beach and in the water, or if you like to spend most of your time shopping, dining and visiting the various attractions in the region. Some fabulous Mayan ruins are located nearby.

Cancun weather is generally warm throughout the year — in fact many hotels and resorts have open air lobbies — but offshore breezes can make the air and water more chilly in winter months.

Average Temperatures

The average year-round high temperature for this resort destination is nearly 88 degrees Fahrenheit and the average low temperature is just less than 74 degrees, according to the World Meteorological Organization.

Cancun weather in May through September is the warmest time to visit when the average high temperature exceeds 90 degrees each month — peaking at 92.5 in August.

Cancun weather in December, January and February is coolest when the average high temperatures are about 83 degrees.

The average low drops below 70 degrees in January and February, and barely breaks 70 in December.

Average Rainfall

The average rainfall is 4.4 inches per month and the average number of rain days per month is 9.6.

The rainfall and rain days are about average for a Caribbean destination.

February, March and April are the driest months when it rains less than 1.8 inches a month. It also rains only five days a month during that time.

Total rainfall increases in June, drops in July and climbs during the most active hurricane season months of September and October, when it rains nearly nine inches per month.

November also has a higher than average amount of rain.

Best Times to Go

Vacationers will find that the best time to go to Cancun is February through May, while they should avoid it in September and especially in October.

However, be aware that water temperatures in February and March are chilly and not comfortable for swimming for any great length of time.

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Top 7 Reasons New Insurance Agents Fail to Reach Success

I would like to offer some insights as to why I believe such a high percentage of Insurance Agents fail in their first couple years in the insurance business.

There can be multiple reasons that contribute to a new insurance agents failure. Here are the most common reasons I have found that lead to failure.

  • Most Insurance Agents have a Limited product portfolio and are unable to cross sell other insurance products.
  • Agents do not have a proven sales track or sales system to follow which most new insurance agents need to get results quickly.
  • They do not create consistent cash flow from insurance sales quick enough and must leave the insurance business to go back to an hourly paying job just to survive.
  • New Insurance Agents start out in the insurance business with little or no reserves to fall back on. Most businesses require some upfront capital or reserves to get started.
  • A lot of agents do not get enough training (Product or Sales) to give them a fair chance of making it in the insurance business.
  • Insurance Agents are not taught effective prospecting and marketing techniques that generate a consistent flow of sales prospects.
  • Some people simply do not have the drive, work habits, persistence, self motivation or ability to handle rejection that it's takes to survive in an insurance sales career.

From my experience of hiring and training insurance agents over the past 23 years, I have found the following items need to be present in order to maximize a new agent's chances for success long term in the insurance industry.

  • A quality multi-product portfolio to offer multiple insurance solutions when different needs are uncovered during the initial fact finding process with a potential client.
  • A proven sales track and presentation that can be taught and implemented very quickly. One that gets sales results but also generates a generous flow of new prospects and referrals.
  • An advance commission system that provides weekly cash flow so the new agent can focus on their training and sales, not their bills that are due.
  • Tools that make learning and growing in the insurance business fun and automatic. (Ie Archived Training Videos, Health and Life Quote Engines, Live Product and Sales Training Webinars, etc.)
  • Quality contracts that provide immediate 100% vesting rights and commission growth opportunities to General Agent commission levels.

At National Marketing Group we have learned over the years the essential pieces that new agents need to not only survive but thrive in the insurance industry. Our mission statement says it all. "First, to offer the Independent Insurance Agent a support system that provides a platform for success in Insurance Sales. Second, to build long term relationships through a foundation of trust and commitment."

We sincerely believe the 80% -90% failure rate of new insurance sales agents entering the insurance industry can be significantly reduced when the right agent support system is in place. We encourage you and invite you to join us in this very exciting and rewarding career opportunity. Hope to hear from you soon!

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The Different Types of Home Insurance HO-1 to HO-8

People that are concerned with their house always try to do the best thing for it. You want to ensure the financial security of it in the event of disasters damages and other occurrences.

It is important that one should have home insurance to protect the expensive investment you have and provide security for any damages might occur to the house.

Here are the different types of home insurance:

  • HO-1 Known as Basic Home Owners Insurance: This covers your dwelling and personal property against damages or losses including fire and lightening, theft, vandalism or malicious mischief and windstorm
  • HO-2 Known as Basic Homeowners Insurance Plus: HO-1 is included in this kind of categories plus other damages such as falling objects, electrical surge damages, 3 categories of water related damages from utilities or appliances, weight of ice snow,
  • HO-3 Known as Extended or Special Homeowners Insurance: 17 stated perils included in this categories of HO-2. This provides extensive coverage of your home like the structure and the content inside your house. This cover large area of your homeowners insurance also known as All Risk Policy.
  • Ho-4 Known as Renter Insurance: This kind of insurance cover the personal property only from the 17 HO-2 perils in which this policy are highly recommended for people renting an apartment which is also called as Renter’s Policy.
  • HO-5 Known as All Risk: which covers building and the personal property and is something similar to HO-3 but it differs in terms which have better protection than HO-3. This cover larger area of damages or losses with wider boundaries that owners and its properties as well is liability that might arise from passer -by or outsider.
  • HO-6 Known as Condominium Owners Insurance Coverage: This is designed for condominium owner’s which covers personal property, building items, etc. and this provides protection for claims made for mishap or damages occur. Fire, thefts and other forms of loss that will occur in the future is included.
  • HO-8 Known as Basic Older Home Coverage: Covers actual cash values or repairs in rebuilding cost and personal property where in this is designed for older house or so called historical house.

These are some of the different types of home insurance that you need to know before you get your coverage. You should know the different types you want to buy to satisfy your needs and the benefits you can get from this types of coverage.

Buying is easy but you need to look at your budget on where your money fall in on what type of insurance you can buy. Shopping is the best way to do before buying. Comparing prices from one insurance company to other is where you can get the cheaper price for your home insurance.

No time to go around to shop? There is an easy alternative way to shop without hassle and you own your time. You can go shopping online through the internet where you can explore the different types of homeowners insurance you need and you can easily compare the prices. Lots of sites to go 24/7 and not only you will learn a lot but it also give you some idea where to go next time you need something and you need to shop for it.

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A Guide To How To Appeal Your Property Taxes

Fair to say, if you are living anywhere in the country, you are probably paying more property taxes than you should. The National Taxpayers Union, in fact, estimates that approximately 60% of all US properties are currently overassessed.

What makes this particularly shocking is that, since 2003, prices of median homes have declined dramatically. We would therefore expect tax assessments to be adjusted so as to reflect such declines in market values – though this has generally not been the case. Therefore property taxes for many homeowners unfairly continue to increase despite a continued decrease in local home values.

Due to a considerable shortfall in budgets, many municipalities are, in essence, heaping extra taxes on homeowners – many of whom are exercising their constitutional right for an appeal. Though appealing property tax assessments can be difficult and time consuming – and not always successful – being well-prepared for the fight can significantly increase your chances of success.

Assess your assessment

It is important to understand how your property is assessed. Ask a local realtor to help you compare your property with similar properties which sold recently to determine its market value. Multiply that value with the assessment ratio that has been established for your town. If the market value of your property is, say, $100,000 and its assessment ratio is 80%, this means the tax levied on that property is $80,000. Some rural areas and high class neighborhoods use another method of assessment by estimating the house replacement cost by adjusting factors such as the land value.

Property Record Card

Check for errors in your assessment next. To do so, you will need to obtain the worksheet of your property from your local assessor’s office. This work sheet is also known as property record card and contains information of your property such as number of rooms, dimensions, number of bathrooms, and so on. Check whether all the information about your property provided in the worksheet is correct or not. If you discover any incorrect or missing information submit this information immediately to the local assessor along with a blue print of your property. In this way you will could receive an immediate reduction and become exempt from a formal appeal.

Comparable Sales

Compare the assessed value of your property with other similar properties in that area. Look at the property’s worksheet to compare other factors like square footage, age, bedrooms, bathrooms, and so on. In this way you may be in a stronger position to appeal if your property’s assessed value is determined to be higher than at least five other properties. Make a list of comparable properties along with their other details like square footage, construction material grades, same neighborhood, and so on. This list should be produced when demanded by the assessor. The record of your neighborhood’s properties is available at the website of your local assessor.

In case you find only three assessed properties at lower and three at a higher value don’t lose hope because in this case you might be entitled to a reduction representing the difference between comparable properties and your property. Your house may be the only property with lousy grading which prevents you from having a garden or a less than desired view of your city’s water tower.

Fight back

Different localities have different rules and your assessment should be capable of explaining how your appeal works. For this you can provide evidence to the assessor including a list of comparable properties, repair estimates, blueprints, and photographs for review. In this way you can obtain a good settlement in an informal way and the assessor may continue completing his rolls and get a fair reduction for you. On the other hand if some settlement is not agreed upon, continue paying your taxes so as to avoid any future penalties on your property. Don’t worry because if the county is satisfied with your appeal, you will get a reduction or check on all future bills thereafter.

Before submitting your appeal form and other related documents, ensure whether or not they comply with all the requirements stated by the county. Keep one copy of all the documents and information submitted by you for your files In a few months you will probably receive a reply and if you think that the reduction you’ve got is not fair, you can follow the next step. The next step is to submit your case in front of an independent local appealing body. This will be more advantageous because you can personally explain your case. You can use photographs, blueprints, etc to prove that your appeal is correct. Also submit a copy of all the assessed document highlighting important points to every board member.

If your case at local level fails, you can take it to state, and even the judicial, level. Bear in mind, however, that judicial hearing will court fees, lawyer’s fees, and other expenses that could negate any savings you might realize from winning an appeal.

Where to search for the right help

It is better to employ an expert assistance which will not only save time but provide proper guidance also. In this way your appeal will become stronger. One more option is to submit your address and case to an online service company. Such companies – for a moderate fee – will highlight comparable homes in your area along with their assessment information and their sale price. If they consider your case strong enough they will send you a report which you can file with your local appeals board. If the appeals board rejects your appeal your money is then refunded.

Should you decide instead on hiring a professional appraiser, confirm that the board to which you are appealing your case permits such a professional or not. Certified appraisers can be found through the Appraisal Institute or the National Association of Independent Fee Appraisers. Most charge anywhere between $250 and $500. Hire a person who is not only experienced in the field but also is familiar with local neighborhoods in your area.

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What Is the Difference Between an Heir and a Beneficiary?

The term ‘heir’ refers to a person who is entitled to property owned by a deceased family member. Individuals can bequeath property to heirs through their last will and testament or a trust. When a person dies without leaving a Will, their assets are given to rightful heirs according to state probate laws.

An heir can be a surviving spouse, minor or adult children, mother, father, or siblings. Heirs can also include direct lineage relatives such as aunts, uncles, and cousins. Individuals can bequeath property to whomever they desire. If they gift items to anyone outside the family, those individuals are referred to as beneficiaries. Although somewhat confusing, heirs can be beneficiaries, but beneficiaries are not always heirs.

The only way to ensure property is distributed according to your wishes is to execute a legal Will. When property is held in a trust, the Will is used to provide directives regarding distribution. Unless inheritance assets are placed into a trust, the estate must undergo the probate process.

Probate is required to settle decedent estates. Two types of probate exist – testate and intestate. Testate refers to estates which include a last Will, while intestate refers to estates where no Will exists. The probate process varies depending on the type. Intestate estates take longer to settle because additional procedures must be taken.

The last will and testament is also used to designate a probate personal representative. This person is responsible for all tasks required to settle the estate. This can include paying any outstanding debts owed by the decedent; filing a final tax return and paying outstanding taxes; obtaining appraisals for valuable property; securing personal property owned by the decedent; and distributing inheritance gifts left to heirs and beneficiaries.

The last will can also be used to disinherit an heir. When a person decides to leave a direct lineage relative out of their Will they must include a disinheritance clause which states the reason for exclusion. While this clause does not prevent heirs from contesting the Will, it can minimize the risk. If a disinheritance statement is not included, heirs can prolong the probate process by claiming the decedent was influenced by another person or not in their right mind when executing the Will.

Contesting a Will is a costly process that often bankrupts estates due to excessive legal fees. Those who have direct lineage relatives whom they do not want to bequeath gifts to should consult with a probate lawyer to ensure their Will is properly executed.

Engaging in estate planning can keep certain assets out of probate and allow quick distribution to heirs. Individuals with checking or savings accounts can designate beneficiaries to receive funds at death. This is referred to as payable on death (POD) beneficiaries. Account holders must fill out POD beneficiary forms to provide the names, addresses, date of birth, and social security number. Upon death, beneficiaries must provide photo ID and a copy of the decedent’s death certificate to claim funds.

Individuals with retirement accounts or financial portfolios can assign transfer on death (TOD) beneficiaries. Upon death, heirs can elect to transfer funds into a new account to avoid estate taxes or cash-out the account. It is best to consult with a tax attorney to discuss tax ramifications before accepting lump sum cash.

Executing a last will and testament is one of the best gifts you can leave loved ones. Wills should be updated when major events occur. These might include buying or selling real estate; starting or closing a business; or when a new heir is born or a designated heir dies.

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Understanding the Extrajudicial Settlement of Estate in the Philippines

Not a lot of people know what an extrajudicial settlement of the estate is. Well, not unless they have experienced losing a member of the family and dividing his remaining properties.

Extrajudicial settlement of the estate simply means drafting a contract where the properties are divided among the heirs, as the latter may see fit. Enumerated in the contract are the properties left by the deceased, collectively called the “estate”. The properties may range from real properties such as parcels of land, buildings, or personal properties such as money left in the bank, cars, jewelry, furniture and even shares in a corporation.

It should be well-noted that an extrajudicial settlement by agreement is only possible if there is no will left by the deceased. Even if there is a will but the will does not include all of the decedent’s estate, then those not covered can by extrajudicially partitioned by agreement.

Moreover, extrajudicial settlement is not possible if the heirs cannot agree on how the properties will be divided. In that case, they can file and ordinary action for partition.

Publication requirement

After the settlement agreement is signed, the heirs should cause the publication of the agreement in a newspaper of general circulation to ensure that interested parties, if there are any, such as creditors and unknown heirs, will be given due notice.

Payment of Estate tax

After the publication, transfer of title may follow. Upon the transfer of the estate, the Estate Tax must be paid in accordance with Section 84 of the National Internal Revenue Code of the Philippines.

Estate tax is defined as a tax on the right of the deceased person to transmit his estate to his lawful heirs and beneficiaries at the time of death and on certain transfers, which are made by law as equivalent to testamentary disposition. It is a form of transfer tax, not a property tax. More particularly, it is a tax on the privilege of transferring the property of the decedent to the heirs.

The Estate Tax Return must be filed within six (6) months from the decedent’s death. The deadline may be extended by the Commissioner of the BIR, in meritorious cases, not exceeding thirty (30) days.

It is interesting to note that the estate itself will have its own Tax Identification Number (TIN). The BIR treats the estate as a juridical person.

The Estate Tax Return is filed with Revenue District Office (RDO) having jurisdiction over the place of residence of the decedent at the time of his death.

If the decedent has no legal residence in the Philippines, then the return can be filed with:

1. The Office of the Revenue District Officer, Revenue District Office No. 39, South Quezon City; or

2. The Philippine Embassy or Consulate in the country where decedent is residing at the time of his death.

For estate taxes, the BIR imposes the pay-to-file system which means that you have to pay the estate tax at the same time the return is filed.

In cases involving a huge estate where the tax imposed can get too high, or in cases where the decedent left properties which are difficult to liquidate and they do not have the cash to pay the taxes, the BIR Commissioner can extend the time of payment but the extension cannot be over two (2) years if the estate is settled extrajudicially. If an extension is granted, the BIR Commissioner may require a bond in such amount, not exceeding double the amount of tax, as it deems necessary.

The estate tax is based on the value of the net estate as follows:

1. If not over P200,000, it is exempt

2. If over P200,000 but not over P500,000, then tax is 5% of the excess over P200,000

3. If over P500,000 but not over P2,000,000, then tax is P15,000 PLUS 8% of the excess over P500,000

4. If over P2,000,000 but not over P5,000,000, then tax is P135,000 PLUS 11% of the excess over P2,000,000

5. If over P5,000,000 but not over P10,000,000, then tax is P465,000 PLUS 15% of the excess over P5,000,000

6. If over P10,000,000, then tax is P1,215,000 PLUS 20% of the excess over P10,000,000

In computing the net estate, allowable deductions shall always be considered. These deductions include funeral expenses, share of the surviving spouse, medical expenses incurred by the decedent within one (1) year prior to his death, family home deduction of not more than P1,000,000.00, standard deduction of P1,000,000.00, among others. It is best to consult a lawyer or an accountant to determine to ensure that the heirs can properly indicate the deductions and exemptions and thereby determine the accurate net estate of the decedent.

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