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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 Binan, Philippines:
Trusts in Binan, Philippines are legal arrangements where a person (the settlor) transfers property to another person or entity (the trustee) to manage and hold for the benefit of a third party (the beneficiary). Trusts can be used for various purposes, such as asset protection, estate planning, and charitable giving.
Why You May Need a Lawyer:
You may need a lawyer for trusts in Binan, Philippines if you are dealing with complex assets, disputed beneficiaries, or require assistance in drafting a trust agreement that complies with local laws. A lawyer can also help you navigate the legal requirements and ensure that your wishes are carried out effectively.
Local Laws Overview:
In Binan, Philippines, trusts are primarily governed by the Civil Code and other relevant laws. It is important to understand the legal framework surrounding trusts, including the requirements for creating a valid trust, the duties and powers of trustees, and the rights of beneficiaries. Working with a lawyer who is well-versed in local trust laws can help ensure that your trust is legally sound and achieves its intended purpose.
Frequently Asked Questions:
1. What is a trust?
A trust is a legal arrangement where a person (the settlor) transfers property to another person or entity (the trustee) to manage and hold for the benefit of a third party (the beneficiary).
2. How do I create a trust in Binan, Philippines?
To create a trust in Binan, Philippines, you need to have a written trust agreement that clearly states the intentions of the settlor, identifies the trustee and beneficiaries, and outlines the terms and conditions of the trust.
3. What are the duties of a trustee?
Trustees have a fiduciary duty to act in the best interests of the beneficiaries and manage the trust assets prudently. They must follow the terms of the trust agreement, avoid conflicts of interest, and provide regular accountings to the beneficiaries.
4. Can a trust be revoked or amended?
Depending on the terms of the trust agreement, a trust may be revocable or irrevocable. Revocable trusts can be modified or terminated by the settlor during their lifetime, while irrevocable trusts are generally permanent and cannot be changed without the consent of all parties involved.
5. Are trusts subject to taxes in Binan, Philippines?
Trusts in Binan, Philippines are subject to certain taxes, including donor's tax, estate tax, and income tax. It is important to consult with a tax professional to understand the tax implications of creating and managing a trust.
6. Can a trust be challenged in court?
Trusts can be challenged in court for various reasons, such as allegations of fraud, undue influence, or incompetence of the settlor. It is important to work with a lawyer to address any legal challenges to the trust.
7. What is the role of a protector in a trust?
A protector is a third party appointed to oversee the trustee's actions and ensure that the trust is being managed in accordance with the settlor's wishes. Protectors may have the power to remove or replace the trustee if necessary.
8. Can a trust be used for charitable purposes in Binan, Philippines?
Yes, trusts can be established for charitable purposes in Binan, Philippines. Charitable trusts are used to support specific causes or organizations and may qualify for certain tax benefits.
9. What happens if a trustee breaches their duties?
If a trustee breaches their duties, they may be held personally liable for any losses incurred by the trust. Beneficiaries have the right to seek legal action against a trustee who fails to fulfill their obligations.
10. How can I choose the right lawyer for my trust in Binan, Philippines?
When choosing a lawyer for your trust in Binan, Philippines, look for someone with experience in trust law, a good reputation, and strong communication skills. It is important to find a lawyer who can explain complex legal concepts in a clear and understandable manner.
Additional Resources:
For more information on trusts in Binan, Philippines, you can visit the website of the Philippine Judicial Academy or consult with the Integrated Bar of the Philippines. These resources can provide valuable insights and guidance on trust law in the Philippines.
Next Steps:
If you are in need of legal assistance for a trust in Binan, Philippines, consider reaching out to a local trust lawyer who can help you navigate the legal process and protect your interests. Schedule a consultation to discuss your specific needs and learn how a lawyer can assist you in creating or managing a trust in compliance with local laws.
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.