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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 Imus, Philippines:
Trusts in Imus, Philippines, refer to legal arrangements where a person (trustee) holds property on behalf of another person (beneficiary). Trusts are commonly used for estate planning, asset protection, and charitable purposes.
Why You May Need a Lawyer:
You may need a lawyer for Trusts in Imus, Philippines, to ensure that the trust document is properly drafted, to navigate complex legal procedures, and to address any disputes that may arise among the parties involved in the trust.
Local Laws Overview:
In Imus, Philippines, the key aspects of trust law are governed by the Civil Code of the Philippines. The trust must be created in accordance with legal formalities, and the trustee must act in the best interests of the beneficiaries.
Frequently Asked Questions:
1. What is a trust?
A trust is a legal arrangement where a trustee holds property on behalf of a beneficiary.
2. How do I create a trust in Imus, Philippines?
To create a trust, you need to have a written trust document and transfer property to the trustee.
3. Can I be a trustee and a beneficiary at the same time?
Yes, it is possible for an individual to be both a trustee and a beneficiary of a trust.
4. What are the duties of a trustee in Imus, Philippines?
A trustee must act in the best interests of the beneficiaries, avoid conflicts of interest, and manage the trust property prudently.
5. Can a trust be revoked or modified?
Depending on the terms of the trust, it may be possible to revoke or modify a trust in Imus, Philippines.
6. What happens if a trustee breaches their duties?
If a trustee breaches their duties, the beneficiaries may take legal action to remove the trustee and recover damages.
7. Do I need a lawyer to create a trust?
While it is possible to create a trust without a lawyer, it is recommended to seek legal advice to ensure that the trust is valid and enforceable.
8. How are trusts taxed in Imus, Philippines?
Trusts in Imus, Philippines, are subject to taxation on income generated by the trust property.
9. Can a minor be a beneficiary of a trust?
Yes, a minor can be a beneficiary of a trust, but a legal guardian may need to be appointed to act on the minor's behalf.
10. How can I terminate a trust?
A trust can be terminated according to the terms set forth in the trust document or by court order in certain circumstances.
Additional Resources:
For more information on Trusts in Imus, Philippines, you can contact the Integrated Bar of the Philippines or consult with a local law firm specializing in trust law.
Next Steps:
If you require legal assistance with Trusts in Imus, Philippines, contact a lawyer experienced in trust law to discuss your specific situation and receive personalized advice on how to proceed.
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.