Best Estate Planning Lawyers in Cebu City

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Not sure how to proceed?

Let us find the right lawyers for you.

Free. Takes 2 min.

List of the best lawyers in Cebu City, Philippines

Recososa Law Firm

Cebu City, Philippines

Founded in 2020

11 people in their team

www.recososalaw.com

English

Tagalog

Private Client Estate Planning Elder Abuse Law +6 more

All Specialization Law Firm & Notary Public located at the heart of Cebu City In IT Park Lahug. From Commercial Law, Labor Law, Immigration Law, Criminal Law such as Estafa, Cybercrime like Cyberlibel, Defamation, Fraud, Criminal Prosecution, Civil Law, Land Dispute, Land Registration,...

Reveal phone View profile

GORDO LAW FIRM

30 minutes Free Consultation

Cebu City, Philippines

Founded in 2025

3 people in their team

English

Tagalog

Private Client Estate Planning Probate +4 more

Gordo Law FirmFull-Service Law Firm in Cebu | Criminal, Civil, Family, Labor, Immigration & Corporate LawGordo Law Firm is a full-service legal practice based in Cebu City, Philippines, offering strategic legal assistance to Filipinos, expatriates, foreign businesses, OFWs, and startups....

View profile

OBO Law

Cebu City, Philippines

Founded in 2022

6 people in their team

English

Chinese

Tagalog

Ong Booc Ong & Associates Law Offices & Notary Public (OBO Law) - Excellence in Legal Services in Cebu City, PhilippinesAt OBO Law, we pride ourselves on our commitment to delivering comprehensive legal solutions tailored to meet the unique needs of each client. Located in the heart of Cebu...

View profile

AS SEEN ON

Philippines Estate Planning Legal Questions answered by Lawyers

Browse our 4 legal questions about Estate Planning in Philippines and the lawyer answers, or ask your own questions for free.

Who has the legal right to own a property: the one with the Tax Dec with the name of the deceased father (still not transferred by other claimants for 20 years) or the one with the copy of Deed of Absolute Sale of the property showing that it was sold by: Based on the facts you provided, here’s a legal analysis comparing ownership rights between:A. The Heirs of the Deceased Father (name on the Tax Declaration),versusB. Your Side (Buyers who possess a Deed of Absolute Sale, paid real property taxes, planted trees, and occupied the land for over 20 years)Legal Principles to Consider1. Tax Declaration (Tax Dec)A Tax Declaration is not proof of ownership; it’s evidence of possession or a claim of ownership.The fact that it still bears the name of the deceased father means no formal transfer of title or succession has occurred.Tax Decs can support claims of ownership, but they don't override a valid deed or actual possession.2. Deed of Absolute Sale (DOAS)A DOAS is proof of a sale and an agreement to transfer ownership.If it is:Validly executed (signed, notarized, by someone with capacity),Relating to the same land in question,And if you have taken possession and paid taxes,then it is strong legal evidence of ownership, even if not yet registered.3. Payment of Real Property TaxesWhile not conclusive proof of ownership, consistent payment supports your claim of open and notorious possession and recognition by the State (LGU).4. Open, Continuous, Exclusive, and Notorious Possession (OCEN)Under the doctrine of extraordinary acquisitive prescription (under civil law, particularly in the Philippines Civil Code), if you have:Possessed the land publicly, peacefully, and in the concept of an owner,Continuously for over 30 years without need of title,then you may acquire ownership by prescription, even if the property is not yet titled.In ordinary prescription, 10 years with just title (like a DOAS) and good faith can suffice.5. Succession LawThe deceased’s heirs are co-owners by succession, but if they’ve taken no steps for 20 years to assert their rights, and the buyers have acted as owners, this may weaken their claim, especially under laches (failure to assert rights timely).Conclusion: Who Has the Stronger Legal Right?You (Buyers / Possessors) have the stronger legal claim if:The Deed of Absolute Sale is valid, showing sale from the deceased to your father.You have paid property taxes continuously.You’ve been in continuous, peaceful, public possession in the concept of an owner for more than 20 years.The other side never asserted their rights or disrupted your possession.If the property is unregistered, your case is even stronger, especially if prescription applies.What You Can Doverify:Validity of the DOAS.Whether prescription has been completed (based on exact years and possession facts).Apply for judicial confirmation of ownership (if Philippine jurisdiction), or start reconstitution and registration process under your name.Gather supporting proof:Tax receipts.Witness statements.Tree planting records or photos.Boundary surveys showing occupation.If you let us know which country this is (e.g., Philippines, Latin America, etc.), we can cite the specific laws that apply to your case.
my mother want to revoke donation of properties to 2 grandchildren: You can contact me on WhatsApp: +38970704335I can share my professional opinion to you.Regards,
Estate settlement dispute: Different countries have distinct legal frameworks governing estate matters. In Ghana, estate duty is only levied after probate has been granted by the court. In cases where a property is willed to multiple individuals, consensus among all parties is required to dispose of their interests for a valid title transfer. However, if the property is bequeathed to a single person, that individual can freely dispose of their interest without additional complications. Regarding estate tax payment, it's prudent to ascertain the interested parties before property transfer to ensure proper title acquisition and avoid unnecessary expenses.

ASK A FREE QUESTION

View all

About Estate Planning Law in Cebu City, Philippines

Estate planning in Cebu City, Philippines, is the process of arranging for the management and distribution of a person's assets in the event of their death or incapacitation. This process involves creating legal documents such as wills, trusts, powers of attorney, and healthcare directives to ensure that a person's wishes are carried out and their loved ones are provided for. Estate planning can help minimize taxes, avoid probate, and protect assets from creditors.

Why You May Need a Lawyer

There are several situations where you may need a lawyer to assist with estate planning in Cebu City. Some common reasons include: 1. Complex family dynamics 2. High-value assets 3. Business ownership 4. International considerations 5. Special needs planning 6. Charitable giving 7. Concerns about incapacity or long-term care 8. Changing laws or regulations 9. Disputes among beneficiaries 10. Estate tax planning

Local Laws Overview

In Cebu City, Philippines, estate planning is governed by various laws and regulations, including the Civil Code, the Family Code, the National Internal Revenue Code, and the Rules of Court. It is important to be familiar with these laws when creating an estate plan to ensure that your wishes are carried out according to Philippine legal requirements.

Frequently Asked Questions

What is a will?

A will is a legal document that states how a person's assets should be distributed upon their death. It can also nominate guardians for minor children and specify funeral arrangements.

What is a trust?

A trust is a legal arrangement where a person (the settlor) transfers assets to a trustee to hold and manage for the benefit of beneficiaries. Trusts can be used to avoid probate, protect assets, and provide for minor or incapacitated beneficiaries.

Do I need a lawyer to create an estate plan?

While it is possible to create a basic estate plan on your own, consulting with a lawyer can ensure that all legal requirements are met and that your wishes are properly documented and executed.

What is probate?

Probate is the legal process of validating a will, paying debts and taxes, and distributing assets to beneficiaries. It can be time-consuming and expensive, so many people try to avoid probate through estate planning strategies.

What is a power of attorney?

A power of attorney is a legal document that authorizes someone to make financial or healthcare decisions on your behalf if you become incapacitated. There are different types of powers of attorney, so it's important to choose the right one for your needs.

Can I change my estate plan?

Yes, you can update your estate plan as needed to reflect changes in your circumstances, relationships, or goals. It's recommended to review your estate plan periodically and after major life events.

How can I minimize taxes in my estate plan?

There are various estate planning strategies that can help minimize taxes, such as gifting, setting up trusts, and taking advantage of tax deductions and exemptions. Consulting with a tax professional or estate planning lawyer can help you develop a tax-efficient plan.

What happens if I die without a will?

If you die without a will (intestate), your assets will be distributed according to Philippine law. This may not align with your wishes or the needs of your loved ones, so it's important to create a will to ensure your assets are distributed as you intended.

Can I disinherit someone in my will?

Yes, you can choose to disinherit someone in your will, but you must clearly state your intentions in the will to prevent legal challenges. It's advisable to consult with a lawyer to ensure that your wishes are properly documented and legally valid.

How can I protect minor children in my estate plan?

You can designate guardians for minor children in your will to ensure they are cared for by someone you trust. You can also set up a trust to manage assets for minor children until they reach a certain age or achieve specific milestones.

Additional Resources

For more information on estate planning in Cebu City, Philippines, you can contact the Integrated Bar of the Philippines - Cebu City Chapter, the Philippine Bar Association - Cebu Chapter, or the Bureau of Internal Revenue - Cebu City. These organizations may be able to provide additional guidance and resources related to estate planning.

Next Steps

If you are in need of legal assistance with estate planning in Cebu City, Philippines, it is recommended to consult with a qualified estate planning lawyer. They can help you understand the local laws, create a comprehensive estate plan, and ensure that your wishes are carried out according to Philippine legal requirements. Don't hesitate to seek legal advice to protect your assets and provide for your loved ones in the future.

Lawzana helps you find the best lawyers and law firms in Cebu City through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Estate Planning, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Cebu City, Philippines - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.