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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 Batangas, Philippines
Trusts in Batangas, Philippines, are legal arrangements where a person called the "trustor" transfers property to another person or entity called the "trustee" to hold and manage for the benefit of a third party called 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 specializing in trusts in Batangas, Philippines, to help you create a trust document, understand your rights and obligations as a trustee or beneficiary, resolve disputes related to trusts, or ensure that the trust complies with local laws and regulations.
Local Laws Overview
In Batangas, Philippines, trusts are governed by the provisions of the Civil Code, particularly Articles 1440 to 1491. These laws outline the requirements for creating a valid trust, the rights and duties of trustees and beneficiaries, and the consequences of breaching trust obligations. It is important to consult with a legal expert to ensure compliance with these laws.
Frequently Asked Questions
1. What is a trust?
A trust is a legal arrangement where a trustor transfers property to a trustee to hold and manage for the benefit of a beneficiary.
2. Who can create a trust in Batangas, Philippines?
Any competent person of legal age can create a trust in Batangas, Philippines.
3. What are the key roles in a trust?
The key roles in a trust are the trustor (who creates the trust), the trustee (who manages the trust property), and the beneficiary (who benefits from the trust property).
4. How do I create a trust in Batangas, Philippines?
To create a trust in Batangas, Philippines, you need to execute a trust document detailing the terms and conditions of the trust and transfer the property to the trustee.
5. What are the duties of a trustee?
The duties of a trustee include managing the trust property prudently, acting in the best interests of the beneficiaries, and following the terms of the trust document.
6. Can a trustee be held personally liable for trust obligations?
Yes, a trustee can be held personally liable for breaching trust duties, mismanaging trust assets, or acting in bad faith.
7. Can a trust be terminated?
Yes, a trust can be terminated if the trustor revokes the trust, all beneficiaries consent to termination, or the trust purpose becomes impossible to fulfill.
8. Can minors be beneficiaries of a trust?
Yes, minors can be beneficiaries of a trust, but a trustee may need to manage the trust assets until the minor reaches the age of majority.
9. Can a trust be contested in court?
Yes, a trust can be contested in court if there are disputes over trust validity, interpretation of trust terms, or trustee conduct.
10. How can I find a trust lawyer in Batangas, Philippines?
You can find a trust lawyer in Batangas, Philippines, by contacting local law firms, bar associations, or legal directories specializing in trusts and estates law.
Additional Resources
For more information on trusts in Batangas, Philippines, you may refer to the Philippine Civil Code, consult the Integrated Bar of the Philippines, or seek guidance from the Philippine Trusts Association.
Next Steps
If you require legal assistance in trusts in Batangas, Philippines, it is advisable to schedule a consultation with a qualified trust lawyer to discuss your specific needs and concerns. The lawyer can provide personalized advice and guidance to help you navigate the complexities of trusts law and protect your interests.
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.