Best Trusts Lawyers in Cavite City
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List of the best lawyers in Cavite City, Philippines
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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 Cavite City, Philippines:
Trusts is a legal concept that allows for the transfer of assets to a trustee who holds and manages them for the benefit of another person or entity. In Cavite City, Philippines, Trusts are governed by the Civil Code of the Philippines and other relevant laws.
Why You May Need a Lawyer:
You may need a lawyer for Trusts in Cavite City if you are creating a trust, amending an existing trust, dealing with disputes related to a trust, or navigating complex legal issues surrounding trusts.
Local Laws Overview:
In Cavite City, the key aspects of trust law include the creation and termination of trusts, duties and powers of trustees, rights of beneficiaries, and the taxation of trusts. It is important to have a clear understanding of these laws when dealing with trusts in the city.
Frequently Asked Questions:
1. What is a trust?
A trust is a legal arrangement in which a trustee holds assets on behalf of a beneficiary.
2. How do I create a trust in Cavite City?
To create a trust in Cavite City, you need to specify the terms of the trust, appoint a trustee, and transfer assets to the trust.
3. Can I amend a trust in Cavite City?
Yes, you can amend a trust in Cavite City by following the procedures outlined in the trust document and complying with relevant laws.
4. What are the duties of a trustee in Cavite City?
The duties of a trustee in Cavite City include acting in the best interests of the beneficiaries, managing trust assets prudently, and keeping accurate records.
5. How are trusts taxed in Cavite City?
Trusts in Cavite City are subject to taxation on their income and capital gains. It is important to comply with tax laws when dealing with trusts.
6. Can I designate a charity as a beneficiary of a trust in Cavite City?
Yes, you can designate a charity as a beneficiary of a trust in Cavite City. This can provide tax benefits and support causes you care about.
7. What happens if a trustee breaches their duties in Cavite City?
If a trustee breaches their duties in Cavite City, they may be held liable for any damages caused and may be removed from their position as trustee.
8. Can a trust be challenged in Cavite City?
Yes, a trust can be challenged in Cavite City on grounds such as lack of capacity, fraud, undue influence, or mistake. It is important to seek legal advice if you are considering challenging a trust.
9. How can I find a reputable trust lawyer in Cavite City?
You can find a reputable trust lawyer in Cavite City by asking for recommendations, researching online, and scheduling consultations with potential lawyers to discuss your needs.
10. How much does it cost to hire a trust lawyer in Cavite City?
The cost of hiring a trust lawyer in Cavite City varies depending on the complexity of your case, the lawyer's experience, and the fee structure they use. It is important to discuss fees upfront with any potential lawyer.
Additional Resources:
For more information on trusts in Cavite City, you can contact the Integrated Bar of the Philippines - Cavite Chapter or the Philippine Trust Company. These organizations may be able to provide further guidance and resources related to trusts.
Next Steps:
If you require legal assistance with trusts in Cavite City, consider speaking with a knowledgeable trust lawyer who can provide guidance and support tailored to your specific needs. Take the time to research potential lawyers, schedule consultations, and ask questions to ensure you find the right legal representation for your trust concerns.
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.