Best Estate Planning Lawyers in Makati City
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Makati City, Philippines
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.
About Estate Planning Law in Makati City, Philippines:
Estate planning is the legal process of arranging and distributing a person's assets and properties upon their death. In Makati City, Philippines, estate planning is governed by various laws and regulations to ensure the proper transfer of assets and protect the rights of beneficiaries.
Why You May Need a Lawyer:
Engaging a lawyer for estate planning in Makati City is crucial to ensure that your wishes are legally upheld and that your assets are distributed according to your desires. Some common situations where legal help may be required include:
- Creating a last will and testament
- Establishing trusts and naming beneficiaries
- Minimizing estate taxes
- Planning for incapacity or disability
- Resolving disputes over inheritance
Local Laws Overview:
When it comes to estate planning in Makati City, several key laws are particularly relevant:
- The Civil Code of the Philippines: This law governs the succession of properties, including rules on testate and intestate succession.
- The Family Code of the Philippines: This code outlines the rules on the rights and obligations of family members, marriage, and inheritance.
- The Tax Code of the Philippines: This code governs the regulations and processes related to estate taxes.
Frequently Asked Questions:
1. What is the difference between a will and a trust?
A will takes effect upon your death and dictates how your assets will be distributed. A trust, however, allows you to transfer assets to a trustee during your lifetime to be held for the benefit of your beneficiaries.
2. Do I need to pay estate taxes in Makati City?
Yes, estate taxes may be applicable depending on the value of your estate. It is essential to consult with a lawyer to help you minimize estate taxes through legal strategies.
3. Can I change my estate plan if my circumstances change?
Yes, you can update your estate plan as your circumstances change. It is recommended to review your plan periodically and consult with a lawyer to ensure it reflects your current wishes.
4. What happens if I die without an estate plan?
If you die without an estate plan or a will (intestate), your assets will be distributed according to the laws of intestate succession, which may not align with your wishes. It is best to consult with a lawyer to create a comprehensive estate plan.
5. Can I handle estate planning on my own without a lawyer?
While it is not legally required to engage a lawyer for estate planning, it is highly recommended. An experienced lawyer can help you navigate complex legal proceedings, ensure the legality of your documents, and provide invaluable guidance throughout the process.
Additional Resources:
For further information and assistance in estate planning in Makati City, Philippines, you may find the following resources helpful:
- The Integrated Bar of the Philippines (IBP): The IBP can provide a list of experienced estate planning lawyers in Makati City.
- The Bureau of Internal Revenue (BIR): The BIR offers information on estate taxes and relevant regulations.
Next Steps:
If you need legal assistance in estate planning in Makati City, Philippines, follow these steps:
- Research and shortlist reputable estate planning lawyers in Makati City.
- Consult with at least three lawyers to discuss your needs and evaluate their expertise.
- Select a lawyer with extensive experience in estate planning and a good track record.
- Inform the chosen lawyer about your goals and provide the necessary documents and information for them to start working on your estate plan.
- Review and finalize the estate plan with your lawyer, ensuring that it accurately reflects your wishes.
- Regularly review and update your estate plan as needed, consulting with your lawyer at each stage.
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.