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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 Dinalupihan, Philippines:
Trusts are legal arrangements where one party (the settlor) transfers assets or property to another party (the trustee) to hold and manage for the benefit of a third party (the beneficiary). In Dinalupihan, Philippines, trusts are governed by the Civil Code of the Philippines and other relevant laws and regulations.
Why You May Need a Lawyer:
You may need a lawyer specializing in trusts law in Dinalupihan for various reasons, including creating a trust, amending an existing trust, resolving disputes related to trusts, or understanding your rights and obligations as a trustee, settlor, or beneficiary.
Local Laws Overview:
In Dinalupihan, Philippines, trusts are primarily governed by the relevant provisions of the Civil Code of the Philippines, particularly Articles 1443 to 1495. These laws outline the requirements for creating a valid trust, the duties of trustees, and the rights of beneficiaries.
Frequently Asked Questions:
1. What is a trust?
A trust is a legal arrangement where one party (the settlor) transfers assets to another party (the trustee) to manage for the benefit of a third party (the beneficiary).
2. How do I create a trust in Dinalupihan, Philippines?
To create a trust in Dinalupihan, you must have a written document outlining the terms of the trust, including the identities of the settlor, trustee, and beneficiary, the trust property, and the purpose of the trust.
3. Can I be a trustee and a beneficiary of the same trust?
Yes, in Dinalupihan, Philippines, it is possible for the same person to act as a trustee and a beneficiary of the same trust.
4. What are the duties of a trustee in a trust?
The duties of a trustee include managing the trust property prudently, acting in the best interests of the beneficiaries, and following the terms of the trust.
5. Can a trust be amended in Dinalupihan, Philippines?
Yes, a trust can be amended in Dinalupihan, Philippines, by the settlor or as specified in the trust instrument, subject to the requirements of the law.
6. What happens if a trustee breaches their duties?
If a trustee breaches their duties, they may be held liable for any losses incurred by the trust and may be removed from their role as trustee.
7. How are trusts taxed in Dinalupihan, Philippines?
Trusts in Dinalupihan, Philippines are subject to certain tax implications, and it is advisable to consult with a tax professional or lawyer specializing in trusts for guidance on tax matters.
8. Can a trust be terminated?
Yes, a trust can be terminated in Dinalupihan, Philippines, according to the terms of the trust instrument or by court order under certain circumstances.
9. Are there any restrictions on the type of assets that can be held in a trust?
There may be restrictions on the type of assets that can be held in a trust, and it is advisable to consult with a lawyer specializing in trusts to ensure compliance with the law.
10. How can I resolve a dispute related to a trust in Dinalupihan?
If you have a dispute related to a trust in Dinalupihan, you may need to seek legal advice and potentially pursue resolution through mediation, arbitration, or litigation, depending on the nature of the dispute.
Additional Resources:
If you require legal advice or assistance with trusts in Dinalupihan, Philippines, you may consider reaching out to the Integrated Bar of the Philippines (IBP) or consulting with a law firm specializing in trusts and estates.
Next Steps:
If you need legal assistance with trusts in Dinalupihan, Philippines, consider contacting a lawyer specializing in trusts law to discuss your specific situation and get guidance on the best course of action.
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.