Best Estate Planning Lawyers in Rizal
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Rizal, Philippines
We haven't listed any Estate Planning lawyers in Rizal, Philippines yet...
But you can share your requirements with us, and we will help you find the right lawyer for your needs in Rizal
Find a Lawyer in Rizal
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 Rizal, Philippines
Estate planning is the process of organizing how your assets and properties will be managed, protected, and distributed when you pass away or become incapacitated. In Rizal, Philippines, estate planning involves creating legal documents including wills, trusts, and powers of attorney. This area of law helps individuals and families ensure their wishes are carried out, minimize taxes, and prevent potential disputes among heirs. Whether you have a large estate or own modest assets, estate planning provides peace of mind that your loved ones will be taken care of according to your intentions.
Why You May Need a Lawyer
While some estate planning tasks may seem straightforward, Philippine laws can be complex and require careful consideration to ensure your wishes are upheld. Here are common scenarios where legal assistance is crucial:
- Drafting or updating a legally valid will in accordance with Philippine law
- Establishing trusts for minors, elderly family members, or individuals with special needs
- Minimizing estate taxes and handling inheritance distribution
- Dealing with family businesses or properties located in different regions or abroad
- Managing or contesting estates in probate court
- Resolving disputes between heirs or interested parties
- Transferring land titles and assets
- Addressing financial obligations such as debts and taxes after death
A qualified estate planning lawyer in Rizal can guide you through local procedures, help draft documents that comply with Philippine law, protect your assets, and advocate for your interests if any disputes arise.
Local Laws Overview
Estate planning in Rizal, as in the rest of the Philippines, is primarily governed by the Civil Code of the Philippines and relevant local ordinances. Key aspects include:
- Succession laws: Philippine law mandates compulsory heirs (such as spouse, children, and parents) who are entitled to a portion of the estate, regardless of the terms of a will.
- Formal requirements for wills: Legal wills must comply with form and content requirements, including witnesses and notarization for notarial wills or specific rules for holographic wills.
- Estate tax: The estate of a deceased person is subject to estate tax, which must be settled before properties are transferred to heirs. The Tax Reform for Acceleration and Inclusion (TRAIN) law currently imposes a flat estate tax rate of six percent.
- Probate process: Wills must be admitted to probate court before distribution of assets. The process may be simplified or lengthy depending on the circumstances.
- Transfer of properties: Heirs must accomplish documentary requirements, including Certificate of No Improvement and tax clearances, with local bodies such as the Registry of Deeds for properties in Rizal.
It is important to understand these local requirements to avoid delays or legal complications in settling an estate.
Frequently Asked Questions
What is the purpose of estate planning?
Estate planning ensures that your assets are distributed according to your wishes, protects your family from unnecessary taxes or disputes, and provides clear instructions for medical or financial decisions if you become incapacitated.
Who are considered compulsory heirs in Rizal, Philippines?
Compulsory heirs include legitimate children and descendants, legitimate parents and ascendants, the surviving spouse, and illegitimate children. These individuals cannot be disinherited without lawful cause.
Do I need a lawyer to write a will?
While it is possible to draft a will without a lawyer, seeking legal help ensures that your will complies with Philippine law and avoids technical errors that may invalidate it.
What types of wills are recognized in the Philippines?
The Philippines recognizes notarial wills, which must be witnessed and notarized, and holographic wills, which are entirely handwritten, dated, and signed by the testator.
How is estate tax calculated in Rizal?
Estate tax is a national tax, currently at a flat rate of six percent of the net estate value, after allowable deductions and exemptions, under the TRAIN law.
How long does the probate process take?
The probate process can take several months to years, depending on whether the will is contested and the complexity of the estate. Engaging a lawyer can help expedite the process.
Can a will be contested by heirs?
Yes, heirs and other interested parties may contest a will in court, usually on grounds of lack of capacity, improper execution, or undue influence.
What happens if someone dies without a will in Rizal?
If a person dies intestate (without a will), the estate is distributed according to Philippine intestate succession laws, with compulsory heirs receiving shares as prescribed by law.
Are foreign assets covered in Philippine estate planning?
Yes, Philippine citizens must declare both local and foreign assets in estate planning. Transferring foreign assets may also require compliance with the foreign country’s laws.
What documents are needed to transfer real property to heirs?
Heirs must obtain a court order (if judicial), submit tax clearances, proof of payment of estate taxes, and secure documents from the Registry of Deeds and Assessor’s Office to transfer property titles.
Additional Resources
For further help or official information about estate planning in Rizal, you may consult:
- Department of Justice - Philippine legal and notarial matters
- Bureau of Internal Revenue (BIR) - Estate tax rates, requirements, and procedures
- Registry of Deeds in Rizal - Property registration and title transfers
- Public Attorney’s Office (PAO) - Free legal assistance for qualified individuals
- Integrated Bar of the Philippines - Rizal Chapter for lawyer referrals
- Local municipal or city legal offices in Rizal
Next Steps
If you need legal assistance in estate planning:
- Gather relevant documents such as property titles, marriage and birth certificates, existing wills, and records of debts or obligations.
- List your questions and estate planning goals. Consider the assets you wish to include and your preferred distribution.
- Consult a knowledgeable estate planning lawyer in Rizal. They can review your situation, provide options, and draft appropriate legal documents.
- Ensure documents are properly signed, witnessed, and notarized according to the law.
- Inform trusted family members or executors about your estate plan so they know what to do when the time comes.
Proper estate planning protects your legacy and provides security for your loved ones. Consulting a legal expert helps you navigate the process smoothly and confidently.
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.