Best Trusts Lawyers in Cebu City

Share your needs with us, get contacted by law firms.

Free. Takes 2 min.

Not sure how to proceed?

Let us find the right lawyers for you.

Free. Takes 2 min.

List of the best lawyers in Cebu City, Philippines

Recososa Law Firm

Cebu City, Philippines

Founded in 2020

11 people in their team

www.facebook.com

English

Tagalog

All Specialization Law Firm & Notary Public located at the heart of Cebu City In IT Park Lahug. From Commercial Law, Labor Law, Immigration Law, Criminal Law such as Estafa, Cybercrime like Cyberlibel, Defamation, Fraud, Criminal Prosecution, Civil Law, Land Dispute, Land Registration,...

Reveal phone View profile

OBO Law

Cebu City, Philippines

Founded in 2022

6 people in their team

English

Chinese

Tagalog

Ong Booc Ong & Associates Law Offices & Notary Public (OBO Law) - Excellence in Legal Services in Cebu City, PhilippinesAt OBO Law, we pride ourselves on our commitment to delivering comprehensive legal solutions tailored to meet the unique needs of each client. Located in the heart of Cebu...

View profile

AS SEEN ON

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.

ASK A FREE QUESTION

View all

About Trusts Law in Cebu City, Philippines:

Trusts in Cebu City, Philippines, are governed by the Civil Code of the Philippines and other relevant laws and regulations. A trust is a legal arrangement where a person (the settlor) transfers assets to another person or institution (the trustee) to hold and manage for the benefit of a third party (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 to help you create a trust, draft a trust deed, or ensure that a trust is properly administered according to the law. A lawyer can provide legal advice, help you understand your rights and responsibilities as a trustee or beneficiary, and represent you in court if there are disputes or challenges related to a trust.

Local Laws Overview:

In Cebu City, Philippines, trusts are governed by the Civil Code of the Philippines, particularly Book III on different modes of acquiring ownership. It is important to comply with legal requirements when creating a trust, such as appointing a trustee and specifying the beneficiaries and terms of the trust. The Cebu City Civil Registrar's Office may also have specific regulations related to trusts.

Frequently Asked Questions:

1. What is a trust?

A trust is a legal arrangement where a person (the settlor) transfers assets to another person or institution (the trustee) to hold and manage for the benefit of a third party (the beneficiary).

2. What are the benefits of creating a trust?

Some benefits of creating a trust include estate planning, asset protection, and tax advantages. Trusts can also help ensure that your assets are managed and distributed according to your wishes.

3. How do I create a trust in Cebu City, Philippines?

To create a trust in Cebu City, you need to draft a trust deed that specifies the settlor, trustee, beneficiaries, and terms of the trust. It is advisable to seek legal advice to ensure that the trust is valid and complies with the law.

4. What are the duties of a trustee?

A trustee has a fiduciary duty to manage and distribute the trust assets for the benefit of the beneficiaries. They must act in good faith, follow the terms of the trust, and avoid conflicts of interest.

5. Can a trust be revoked or amended?

Depending on the terms of the trust deed, 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 the consent of all parties involved.

6. What happens if there is a dispute over a trust?

If there is a dispute over a trust, parties may seek resolution through mediation, arbitration, or litigation in court. It is advisable to seek legal advice to understand your rights and options in case of a trust dispute.

7. How are trusts taxed in Cebu City, Philippines?

Trusts in Cebu City may be subject to estate or gift tax, income tax, and other taxes depending on the nature of the trust and the assets involved. It is advisable to consult with a tax professional or lawyer to understand the tax implications of a trust.

8. Can I create a trust for charitable purposes in Cebu City?

Yes, you can create a trust for charitable purposes in Cebu City. Charitable trusts are a common way to support causes you care about and leave a lasting impact on your community.

9. How can a lawyer help me with a trust in Cebu City?

A lawyer can help you create a trust, draft a trust deed, ensure compliance with legal requirements, provide legal advice on trust matters, represent you in court in case of disputes, and help you understand your rights and responsibilities as a trustee or beneficiary.

10. Is it necessary to have a lawyer for creating a trust?

While it is not required by law to have a lawyer when creating a trust, it is highly advisable to seek legal advice to ensure that the trust is valid, complies with the law, and serves your intended purposes. A lawyer can provide valuable guidance and expertise in trust matters.

Additional Resources:

For additional resources and information on trusts in Cebu City, Philippines, you may consult the Integrated Bar of the Philippines (IBP) Cebu City Chapter, the Philippine Trusts Association, or the Securities and Exchange Commission (SEC) for regulatory requirements related to trusts.

Next Steps:

If you need legal assistance with trusts in Cebu City, Philippines, consider contacting a trustworthy and experienced lawyer who specializes in trust law. They can provide personalized advice and guidance to help you navigate the complexities of trusts and ensure that your assets are protected and managed according to your wishes.

Lawzana helps you find the best lawyers and law firms in Cebu City through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Trusts, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Cebu City, Philippines - quickly, securely, and without unnecessary hassle.

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.