Best Estate Planning Lawyers in Manila
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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.
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- 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 Manila, Philippines:
Estate Planning Law in Manila, Philippines refers to the legal practice and process of planning and managing the distribution of an individual's assets and properties after their death. It involves creating wills, trusts, and other legal instruments to ensure that one's property is distributed according to their wishes and in compliance with local laws.
Why You May Need a Lawyer:
Seeking legal advice from an estate planning lawyer in Manila is essential under various circumstances, such as:
- Creating a last will and testament to specify how your assets should be distributed.
- Establishing a trust to protect and manage your assets for your beneficiaries.
- Minimizing estate taxes and ensuring the efficient transfer of wealth to future generations.
- Appointing a guardian for minor children or dependents.
- Navigating complex legal procedures and requirements for estate planning in Manila.
Local Laws Overview:
Key aspects of local laws relevant to Estate Planning in Manila, Philippines include:
- The Civil Code of the Philippines governs testamentary succession, allowing individuals to dispose of their property and assets through a Last Will and Testament.
- Taxes on estates and inheritance may apply, and certain exemptions or deductions can be claimed in specific situations.
- Family Code provisions affect the distribution of property in the absence of a will, particularly in cases of intestacy.
Frequently Asked Questions:
1. Can I create a legally binding will without the help of a lawyer?
Yes, you can create your will without a lawyer, but it is highly recommended to seek legal advice to ensure your will meets all legal requirements and accurately reflects your intentions. A lawyer can also assist in addressing potential issues or complications that may arise.
2. When should I update my estate plan?
It is advisable to review and update your estate plan whenever significant life events occur, such as marriage, divorce, birth of a child, or acquiring substantial assets. Regularly reviewing your estate plan every few years is also recommended.
3. What is the role of an executor or trustee?
An executor is responsible for managing the probate process and ensuring the distribution of assets according to the will. A trustee manages assets held in a trust and follows the trust's instructions for the benefit of the beneficiaries.
4. How can I minimize estate taxes?
Estate taxes can be reduced through careful estate planning strategies such as gifting, creating trusts, and maximizing available exemptions. Consulting with an estate planning lawyer can help determine the most suitable approach for your circumstances.
5. Can my estate plan include funeral arrangements?
Yes, your estate plan can include your funeral wishes, such as burial or cremation preferences, choice of funeral service, and allocation of funds for funeral expenses. Including these details can help relieve the burden on your loved ones during an emotionally challenging time.
Additional Resources:
For further information and assistance with Estate Planning in Manila, Philippines, you may find the following resources helpful:
- Philippine Bar Association: www.philippinebarassociation.com
- Manila Lawyers' Association: www.manilalawyersassociation.org
- Commission on Filipinos Overseas: www.cfo.gov.ph
Next Steps:
If you require legal assistance for Estate Planning in Manila, Philippines, consider taking the following steps:
- Research and compile a list of estate planning lawyers in Manila.
- Schedule consultations with selected lawyers to discuss your specific needs and concerns.
- Prepare relevant documents and information for the consultation, such as a list of assets and potential beneficiaries.
- During the consultation, ask questions, clarify fees, and evaluate the lawyer's expertise and compatibility.
- Select a lawyer based on their experience, expertise, and your comfort level.
- Follow the lawyer's guidance and work together to create an effective estate plan.
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.