Best Trusts Lawyers in Baguio 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 Baguio City, Philippines:
Trusts are legal arrangements where a person (trustee) holds assets on behalf of another person or entity (beneficiary). In Baguio City, Philippines, Trusts are governed by the Civil Code of the Philippines and other relevant laws and regulations.
Why You May Need a Lawyer:
You may need a lawyer specializing in Trusts in Baguio City for various reasons, such as creating a trust, managing trust assets, resolving disputes among beneficiaries, interpreting trust documents, or ensuring compliance with local laws.
Local Laws Overview:
In Baguio City, the creation and administration of trusts are governed by the rules set forth in the Civil Code of the Philippines. It is essential to consult a legal expert familiar with these laws to ensure compliance and protect your interests.
Frequently Asked Questions:
1. What is a trust?
A trust is a legal arrangement where a trustee holds assets on behalf of a beneficiary.
2. How do I create a trust in Baguio City?
To create a trust in Baguio City, you need to draft a trust document outlining the terms and conditions of the trust and appoint a trustee to manage the assets.
3. Can I be both a trustee and a beneficiary of a trust in Baguio City?
Yes, it is possible to be both a trustee and a beneficiary of a trust in Baguio City, but certain restrictions may apply.
4. What are the duties of a trustee in Baguio City?
The duties of a trustee in Baguio City include managing trust assets prudently, acting in the best interests of the beneficiaries, and complying with the terms of the trust.
5. How can I resolve disputes among beneficiaries in a trust in Baguio City?
Disputes among beneficiaries in a trust can be resolved through mediation, arbitration, or litigation with the assistance of a trust lawyer.
6. Can I modify or terminate a trust in Baguio City?
Modifying or terminating a trust in Baguio City is possible under certain circumstances, such as changes in circumstances or the fulfillment of the trust's purpose.
7. What are the tax implications of trusts in Baguio City?
Trusts in Baguio City may be subject to certain tax implications, and it is advisable to consult a tax professional for guidance on tax matters related to trusts.
8. Can a trust protect my assets from creditors in Baguio City?
Trusts may provide some level of asset protection from creditors, but the extent to which assets are protected can vary depending on the type of trust and local laws.
9. How do I choose the right trustee for my trust in Baguio City?
Choosing the right trustee for your trust in Baguio City is crucial, and factors such as trustworthiness, financial acumen, and willingness to fulfill duties should be considered.
10. What should I do if I need legal advice on trusts in Baguio City?
If you need legal advice on trusts in Baguio City, it is advisable to consult a trust lawyer who is knowledgeable about local laws and regulations governing trusts.
Additional Resources:
For additional resources and information on trusts in Baguio City, you may consider contacting the Integrated Bar of the Philippines - Baguio Chapter or the Philippine Institute of Certified Public Accountants (PICPA) Baguio Chapter.
Next Steps:
If you require legal assistance with trusts in Baguio City, Philippines, you should schedule a consultation with a reputable trust lawyer to discuss your specific needs and concerns. The lawyer can provide guidance on how to proceed and help you navigate the complexities of trusts law in Baguio City.
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.