Best Trusts Lawyers in Iloilo City
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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 Iloilo City, Philippines:
Trusts are legal arrangements where one party, known as the settlor, transfers assets to another party, known as the trustee, for the benefit of a third party, known as the beneficiary. Trusts are governed by specific laws in Iloilo City, Philippines, which outline the rights and responsibilities of the parties involved.
Why You May Need a Lawyer:
Legal assistance may be necessary in situations such as setting up a trust, interpreting trust documents, resolving disputes between trustees and beneficiaries, or navigating complex legal requirements related to trusts in Iloilo City, Philippines.
Local Laws Overview:
In Iloilo City, Philippines, trusts are primarily governed by the Civil Code of the Philippines, particularly Articles 1448 to 1495. These laws outline the creation, management, and termination of trusts, as well as the duties and liabilities of trustees.
Frequently Asked Questions:
1. What is a trust?
A trust is a legal arrangement where assets are transferred to a trustee for the benefit of a beneficiary.
2. Who can create a trust in Iloilo City, Philippines?
Any individual who is of legal age and capacity can create a trust in Iloilo City, Philippines.
3. What are the duties of a trustee?
A trustee is responsible for managing the trust assets and administering the trust in accordance with the settlor's instructions and the law.
4. How are trust assets distributed to beneficiaries?
Trust assets are distributed to beneficiaries as specified in the trust document or according to the trustee's discretion, if granted such powers.
5. Can a trust be challenged in court?
Yes, a trust can be challenged in court for various reasons, such as breach of fiduciary duty or disputes over the interpretation of the trust document.
6. What is the process for setting up a trust in Iloilo City, Philippines?
The process for setting up a trust involves creating a trust document, transferring assets to the trustee, and complying with legal requirements for trusts in Iloilo City, Philippines.
7. Are there different types of trusts in Iloilo City, Philippines?
Yes, there are various types of trusts, including revocable trusts, irrevocable trusts, charitable trusts, and special needs trusts, among others.
8. How can a lawyer help with trusts in Iloilo City, Philippines?
A lawyer can provide legal advice on creating and managing trusts, drafting trust documents, resolving disputes related to trusts, and ensuring compliance with trust laws in Iloilo City, Philippines.
9. What are the tax implications of trusts in Iloilo City, Philippines?
Trusts may have tax implications for both the settlor and the beneficiaries, and a lawyer can help navigate the tax implications of trusts in Iloilo City, Philippines.
10. How can I find a reputable lawyer for trusts in Iloilo City, Philippines?
You can research local law firms specializing in trusts, ask for recommendations from trusted sources, or contact the Integrated Bar of the Philippines - Iloilo Chapter for referrals to experienced trust lawyers in Iloilo City.
Additional Resources:
For more information on trusts in Iloilo City, Philippines, you can visit the Integrated Bar of the Philippines - Iloilo Chapter or consult the Philippine Trust Code or Civil Code of the Philippines related to trusts.
Next Steps:
If you require legal assistance with trusts in Iloilo City, Philippines, consider reaching out to a reputable lawyer specializing in trusts to discuss your specific situation and get personalized legal advice. It is important to seek professional legal help to ensure your interests are protected and your trust is properly managed according to the law.
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.