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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 Bulacan, Philippines
Trusts law in Bulacan, Philippines is governed by various statutes, including the Civil Code of the Philippines, the Family Code, and the Rules of Court. A trust is a legal arrangement where a person (the trustee) holds property on behalf of another person (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 Bulacan, Philippines if you are creating or managing a trust, resolving disputes related to a trust, or seeking legal advice on how to protect your assets through trusts. A lawyer can help ensure that your interests are protected and that the trust is legally sound.
Local Laws Overview
In Bulacan, Philippines, trusts are governed primarily by the Civil Code of the Philippines. Some key aspects of local laws relevant to trusts include the requirements for creating a valid trust, the duties and liabilities of trustees, and the rights of beneficiaries. It is important to comply with these laws to ensure the legality and enforceability of the trust.
Frequently Asked Questions
1. What is a trust?
A trust is a legal arrangement where a trustee holds property on behalf of a beneficiary.
2. How do I create a trust in Bulacan, Philippines?
To create a trust, you need to execute a trust instrument, transfer property to the trustee, and specify the terms of the trust.
3. What are the duties of a trustee?
A trustee has a duty to manage the trust property prudently, act in the best interests of the beneficiaries, and comply with the terms of the trust.
4. Can a trust be revoked or amended?
Depending on the terms of the trust instrument, a trust may be revocable or irrevocable. Revocable trusts can be amended or revoked by the settlor, while irrevocable trusts generally cannot be changed without court approval.
5. What are the benefits of creating a trust?
Some benefits of creating a trust include asset protection, estate planning, tax benefits, and avoiding probate.
6. How can I protect my assets through a trust?
You can protect your assets through a trust by transferring ownership of the assets to the trust, which can provide legal protection from creditors and other risks.
7. What are common types of trusts in Bulacan, Philippines?
Common types of trusts in Bulacan, Philippines include revocable trusts, irrevocable trusts, charitable trusts, and special needs trusts.
8. What happens if a trustee breaches their duties?
If a trustee breaches their duties, they may be held liable for damages and removed from their position as trustee.
9. Can a minor be a beneficiary of a trust?
Yes, a minor can be a beneficiary of a trust, but additional safeguards may be necessary to protect their interests.
10. How can I find a trustworthy lawyer for trusts in Bulacan, Philippines?
You can find a trustworthy lawyer for trusts in Bulacan, Philippines by asking for recommendations from friends or family, researching online reviews, and scheduling consultations with potential lawyers to discuss your needs.
Additional Resources
For more information on trusts in Bulacan, Philippines, you can consult the Integrated Bar of the Philippines (IBP) or the Philippines Bar Association for recommendations on reputable lawyers specializing in trusts.
Next Steps
If you need legal assistance with trusts in Bulacan, Philippines, it is advisable to schedule a consultation with a knowledgeable lawyer who can guide you through the process, answer any questions you may have, and help you protect your interests through a properly executed trust.
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.