Best Trusts Lawyers in Antipolo City
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Philippines Trusts Legal Questions answered by Lawyers
Browse our 2 legal questions about Trusts 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.
- Who will be the legal heir upon death of both parents
- According the Greek Civil Code, there are two systems of succession, testamentary and intestate succession. Intestate succession includes only in bolld relatives, which means that without a last will legally validated sons in law cannot become heirs after their father in law passes away.
About Trusts Law in Antipolo City, Philippines
Trusts in Antipolo City, Philippines, are governed by the Civil Code of the Philippines. A trust is a legal arrangement where a person (the trustee) holds and manages assets on behalf of another person (the beneficiary). The trustee has a legal obligation to manage the assets in the best interest of the beneficiary. Trusts are commonly used for estate planning, asset protection, and charitable purposes.
Why You May Need a Lawyer
You may need a lawyer for Trusts in Antipolo City, Philippines, if you are creating a trust, need to amend an existing trust, have questions about the management of trust assets, or are involved in a trust dispute. A lawyer can provide guidance on the legal requirements, draft trust documents, and represent you in court if needed.
Local Laws Overview
In Antipolo City, Philippines, trusts are governed by the provisions of the Civil Code related to trusts. Trusts must be created with clear intentions, have identifiable beneficiaries, and adhere to legal requirements. Trusts must also be registered with the relevant government authorities to be valid and enforceable.
Frequently Asked Questions
1. What is a trust?
A trust is a legal arrangement where a trustee holds and manages assets on behalf of a beneficiary.
2. How do I create a trust in Antipolo City, Philippines?
To create a trust, you must have clear intentions, identify the beneficiaries, and follow the legal requirements outlined in the Civil Code.
3. Can I amend a trust once it is created?
Yes, trusts can be amended, but the process may involve legal complexities, so it is advisable to seek legal advice.
4. What are the duties of a trustee?
A trustee has a legal obligation to manage trust assets in the best interest of the beneficiary and to follow the terms of the trust.
5. Can a trust be revoked?
Depending on the terms of the trust, it may be revocable or irrevocable. A lawyer can advise on the revocability of a specific trust.
6. What happens if there is a dispute involving a trust?
If there is a dispute involving a trust, a lawyer can help resolve the issue through negotiation, mediation, or in court if necessary.
7. Are there tax implications for trusts in Antipolo City, Philippines?
Yes, trusts may have tax implications, and it is important to understand the tax laws related to trusts in Antipolo City.
8. Can a trust be used for charitable purposes?
Yes, trusts can be created for charitable purposes, and a lawyer can help ensure that the trust complies with legal requirements for charitable trusts.
9. How do I choose a trustee for my trust?
Choosing a trustee is an important decision that should consider the trustee's ability to manage assets responsibly and in the best interest of the beneficiaries.
10. Do I need a lawyer to create a trust?
While it is not required to have a lawyer to create a trust, legal advice can help ensure that the trust is legally valid and meets your specific needs.
Additional Resources
For more information on trusts in Antipolo City, Philippines, you can refer to the Civil Code of the Philippines or consult with the Professional Regulation Commission (PRC) for a list of licensed lawyers specializing in trusts.
Next Steps
If you require legal assistance with trusts in Antipolo City, Philippines, consider consulting with a trusted lawyer experienced in trust law. A lawyer can provide personalized advice and guidance based on your specific situation.
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.