Best Estate Planning Lawyers in Philippines
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List of the best lawyers in Philippines

Dagsaan Monterde Castillo Law and Notary Public (DMC LAW)
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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 Philippines:
Estate planning refers to the process of arranging for the management and disposal of a person's estate during their lifetime and after death. In the Philippines, estate planning involves making decisions about how assets should be distributed, minimizing taxes, and ensuring that beneficiaries receive what is intended for them.
Why You May Need a Lawyer:
You may need a lawyer for estate planning to ensure that your wishes are carried out effectively, to navigate complex legal processes, and to address any disputes that may arise among beneficiaries. A lawyer can also help you understand the laws related to estate planning and ensure that your estate plan is in compliance with those laws.
Local Laws Overview:
In the Philippines, estate planning is governed by the Civil Code, which outlines rules regarding the distribution of assets, wills, and testamentary dispositions. It is essential to understand these laws to ensure that your estate plan is legally valid and enforceable.
Frequently Asked Questions:
1. What is the difference between a will and a trust?
A will is a legal document that outlines how your assets should be distributed after your death, while a trust is a legal arrangement in which a trustee manages assets on behalf of beneficiaries.
2. Do I need a lawyer to create an estate plan?
Although it is possible to create an estate plan without a lawyer, it is highly recommended to seek legal advice to ensure that your plan meets all legal requirements and is properly executed.
3. Can I change my estate plan if circumstances change?
Yes, you can update your estate plan as needed to reflect changes in your circumstances, such as marriage, divorce, or the birth of children.
4. What happens if I die without an estate plan?
If you die without an estate plan, your assets will be distributed according to Philippine laws of intestacy, which may not align with your wishes.
5. What is probate, and how does it impact estate planning?
Probate is the legal process of validating a will and distributing assets according to its instructions. Proper estate planning can help minimize the time and cost of probate.
6. Can I disinherit a family member in my estate plan?
Under Philippine law, you may disinherit a family member, but it must be done in accordance with legal requirements and grounds for disinheriting a family member.
7. How can I minimize estate taxes in the Philippines?
Estate taxes in the Philippines can be minimized through proper estate planning strategies, such as setting up trusts, gifting assets, and taking advantage of tax exemptions.
8. What should I include in my estate plan?
Your estate plan should include a will, a power of attorney, a healthcare directive, and any trust agreements or beneficiary designations.
9. How long does it take to create an estate plan in the Philippines?
The time needed to create an estate plan varies depending on the complexity of your assets and wishes. It is advisable to consult with a lawyer to get a better estimate based on your specific situation.
10. How much does it cost to hire a lawyer for estate planning in the Philippines?
The cost of hiring a lawyer for estate planning in the Philippines can vary depending on the lawyer's experience, the complexity of your estate plan, and the services needed. It is recommended to discuss fees and payment structures with the lawyer before deciding to hire their services.
Additional Resources:
For more information on estate planning in the Philippines, you can consult the Integrated Bar of the Philippines or the Philippine Judicial Academy for resources and guides on legal matters.
Next Steps:
If you require legal assistance with estate planning in the Philippines, it is advisable to schedule a consultation with a qualified estate planning lawyer who can help you navigate the legal requirements and create a comprehensive estate plan that meets your needs and objectives.
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.