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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 Las Pinas, Philippines
Trusts are legal arrangements that allow a person (the "trustor" or "settlor") to transfer their assets to a trustee for the benefit of another person (the "beneficiary"). Trusts can be used for various purposes, such as estate planning, asset protection, or charitable giving. In Las Pinas, Philippines, trusts are governed by the provisions of the Civil Code and other relevant laws.
Why You May Need a Lawyer
You may need a lawyer specializing in trusts law in Las Pinas, Philippines, if you are considering setting up a trust, need help interpreting a trust document, or want to challenge or defend against a trust in court. A lawyer can provide valuable advice and guidance to ensure that your interests are protected and that the trust is structured in compliance with the local laws.
Local Laws Overview
In Las Pinas, Philippines, trusts are primarily regulated by the provisions of the Civil Code, particularly Articles 1440 to 1506. These laws govern the creation, administration, and termination of trusts, as well as the rights and duties of the trustor, trustee, and beneficiaries. It is important to consult with a lawyer familiar with these laws to ensure your trust is legally valid and enforceable.
Frequently Asked Questions
1. What is a trust?
A trust is a legal arrangement where a trustor transfers assets to a trustee for the benefit of a beneficiary. The trustee holds and manages the assets according to the terms of the trust document.
2. How do I create a trust in Las Pinas, Philippines?
To create a trust, you need to execute a trust document outlining the terms and conditions of the trust. The trust document must comply with the requirements of the Civil Code and other relevant laws.
3. Who can be a trustee in Las Pinas, Philippines?
In Las Pinas, Philippines, any individual or legal entity capable of holding property can be a trustee. However, it is advisable to choose a trustee who is trustworthy and competent to manage the trust assets.
4. Can I change the terms of a trust?
Under certain circumstances, the terms of a trust can be modified through a process known as trust modification. However, any changes must be in accordance with the provisions of the trust document and applicable laws.
5. What are the duties of a trustee?
A trustee has a fiduciary duty to act in the best interests of the beneficiaries and to manage the trust assets prudently. The trustee must also comply with the terms of the trust document and the provisions of the law.
6. Can a trust be revoked?
In some cases, a trust may be revocable, meaning that the trustor retains the right to revoke or modify the trust during their lifetime. However, certain irrevocable trusts cannot be revoked once they are created.
7. How are trust assets distributed to the beneficiaries?
The distribution of trust assets to the beneficiaries is typically specified in the trust document. The trustee is responsible for carrying out the distribution according to the terms of the trust.
8. What happens if a trustee breaches their duties?
If a trustee breaches their fiduciary duties, they may be held liable for any losses incurred by the trust or the beneficiaries. Legal action can be taken to remove the trustee and recover damages for the breach.
9. Can a trust be challenged in court?
A trust can be challenged in court if there are valid grounds, such as fraud, undue influence, or lack of capacity on the part of the trustor. It is important to consult with a lawyer who specializes in trusts litigation in such cases.
10. How can a lawyer help with trusts in Las Pinas, Philippines?
A lawyer specializing in trusts law can provide valuable advice and guidance on creating, modifying, administering, or challenging trusts in Las Pinas, Philippines. They can also represent your interests in court if a trust dispute arises.
Additional Resources
If you need legal advice or assistance with trusts in Las Pinas, Philippines, you can contact the Integrated Bar of the Philippines (IBP) or local law firms specializing in trusts and estates. The Securities and Exchange Commission (SEC) also provides information on trusts regulation in the Philippines.
Next Steps
If you require legal assistance with trusts in Las Pinas, Philippines, it is advisable to schedule a consultation with a lawyer specializing in trusts law. They can review your situation, provide personalized advice, and help you navigate the complexities of trusts law to protect your interests effectively.
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.