Best Estate Planning Lawyers in Ormoc City
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List of the best lawyers in Ormoc City, Philippines
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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.
- my mother want to revoke donation of properties to 2 grandchildren
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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 Ormoc City, Philippines
Estate Planning in Ormoc City, Philippines involves the legal structuring of your assets and affairs in preparation for the end of life. This includes provisions for the management of your estate during life and its distribution upon death. The most common legal instruments used in this context are the last will and testament, living wills, and the powers of attorney. In the Philippines, Estate Planning is governed by the New Civil Code and the Rules of Court, alongside numerous case laws and tax regulations.
Why You May Need a Lawyer
People often seek legal help in Estate Planning to protect their estate from unnecessary taxes and to avoid any complications that may arise during the transfer of assets. Additionally, they might require a lawyer to resolve disputes among heirs and ensure the proper execution of their last will and testament. Legal advice is also essential in circumstances where the estate includes complex property or commercial investments.
Local Laws Overview
Understanding the local laws and estate taxes in Ormoc City, Philippines is crucial for effective estate planning. The key aspects include a comprehensive understanding of the New Civil Code as well as the tax implications associated with the transfer of property upon death. In particular, the Tax Code stipulates a six percent estate tax, applicable to a resident’s net estate above PHP 200,000.
Frequently Asked Questions
1. What will happen to my estate if I pass away without a will?
If you pass away without a will, the intestacy laws of the Philippines will control the distribution of your assets. This generally favors blood relatives in a specific order.
2. Are wills public records?
Upon probate, wills become part of the public record. Until that time, they are private documents.
3. What is the estate-tax rate in Ormoc City?
The current estate tax rate in the Philippines is 6%.
4. Can I change my will after it's been written?
Yes, you can change your will after it's been written. You can either add a codicil to the original will or you can create a new will that revokes the old one.
5. What age do I need to be to make a will?
You must be at least 18 years old and of sound mind to make a will in the Philippines.
Additional Resources
The Philippine eLibrary and the Supreme Court of the Philippines website are valuable resources that provide extensive information about estate law. The Bureau of Internal Revenue is your go-to source for tax-related questions. Additionally, the Integrated Bar of the Philippines may assist in providing legal advice and counsel.
Next Steps
If you need legal assistance in Estate Planning in Ormoc City, Philippines, the first step is to seek advice from an experienced lawyer. They can guide you through the estate planning process, help draft necessary legal documents, and provide advice on how to best preserve your assets for your heirs.
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.