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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 Calamba, Philippines
Trusts in Calamba, Philippines, are legal arrangements where a person (the trustor) transfers assets to another person (the trustee) to manage for the benefit of a third party (the beneficiary). Trusts can be used for various purposes, such as estate planning, asset protection, and charitable giving.
Why You May Need a Lawyer
You may need a lawyer for trusts in Calamba, Philippines in situations such as creating a trust, modifying an existing trust, resolving disputes among beneficiaries, ensuring compliance with legal requirements, and interpreting complex trust terms.
Local Laws Overview
In Calamba, Philippines, trusts are primarily governed by the Civil Code of the Philippines, specifically Articles 1443 to 1491. Additionally, the Trust Receipts Law (Presidential Decree No. 115) regulates trust receipts transactions, where a person receives funds or goods in trust for a specific purpose.
Frequently Asked Questions
1. What is the difference between a revocable and irrevocable trust?
A revocable trust can be altered or revoked by the trustor during their lifetime, while an irrevocable trust cannot be changed once established.
2. How do I create a trust in Calamba, Philippines?
To create a trust, you must execute a trust document that specifies the trust terms, appoint a trustee, and transfer assets to the trust. Consult with a lawyer for assistance.
3. Can a trust protect my assets from creditors?
Depending on the type of trust and local laws, certain trusts may offer asset protection from creditors. Consult with a lawyer to determine the best strategy for asset protection.
4. What are the tax implications of a trust in Calamba, Philippines?
Trusts may have tax implications, including income tax, estate tax, and gift tax. It is advisable to seek advice from a tax professional to understand the tax consequences of a trust.
5. How can I change the terms of an existing trust?
Modifying the terms of a trust may require court approval or consent from all beneficiaries and the trustee. Consult with a lawyer to ensure the changes are legally valid.
6. What are the duties of a trustee in Calamba, Philippines?
Trustees have a fiduciary duty to act in the best interests of the beneficiaries, manage trust assets prudently, avoid conflicts of interest, and provide regular accountings to beneficiaries.
7. Can a trust be contested in Calamba, Philippines?
Trusts can be contested in court on grounds such as lack of capacity, undue influence, fraud, or ambiguity in the trust document. Consult with a lawyer if you wish to contest a trust.
8. How can I terminate a trust in Calamba, Philippines?
A trust can be terminated if all beneficiaries consent, the trust purpose is fulfilled, the trust assets are exhausted, or a court determines termination is appropriate. Seek legal advice before terminating a trust.
9. What is a charitable trust?
A charitable trust is a type of trust set up for charitable purposes, such as to benefit a specific charity, cause, or community. Consult with a lawyer to establish a charitable trust properly.
10. Can I act as a trustee and a beneficiary of the same trust?
In some cases, you can serve as both a trustee and a beneficiary of the same trust, but it may raise legal issues such as conflicts of interest. Consult with a lawyer to ensure compliance with trust laws.
Additional Resources
For additional resources on trusts in Calamba, Philippines, you may contact the Integrated Bar of the Philippines, the Philippine Bar Association, or the Securities and Exchange Commission.
Next Steps
If you require legal assistance with trusts in Calamba, Philippines, it is advisable to consult with a trusted lawyer specializing in trusts and estate planning. They can provide personalized advice based on your specific situation and help you navigate the complexities of trust law in the Philippines.
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.