Best Trusts Lawyers in Malay
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Malay, Philippines
We haven't listed any Trusts lawyers in Malay, Philippines yet...
But you can share your requirements with us, and we will help you find the right lawyer for your needs in Malay
Find a Lawyer in Malay
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 Malay, Philippines
Trusts are a fundamental part of estate planning and asset management in the Philippines, including Malay, Aklan. A trust is a legal arrangement where a person (the trustor) transfers assets to another person or entity (the trustee) to hold and manage for the benefit of a third party (the beneficiary). While trust law is covered by the Civil Code of the Philippines, local customs, practices, and ordinances in Malay may also affect how trusts are set up and maintained. Trusts offer Filipinos a means to manage wealth, protect assets, or ensure proper transfer to heirs or charitable causes.
Why You May Need a Lawyer
There are several situations where engaging a lawyer with expertise in trusts can be helpful in Malay:
- Setting up a family trust to provide for children, educational needs, or future inheritances.
- Transferring land or property while maintaining certain rights or conditions.
- Charitable giving, especially if the trust intends to benefit a local organization or the community of Malay.
- Resolving disputes among beneficiaries or with trustees.
- Complying with regulatory and tax requirements for trusts.
- Ensuring the trust deed or agreement reflects your wishes and local legal requirements.
- Protecting assets from creditors or legal claims.
Certified legal professionals can provide guidance tailored to your specific needs and ensure compliance with Philippine law and local ordinances in Malay.
Local Laws Overview
The Civil Code of the Philippines governs the creation and administration of trusts. Trusts can be express (created voluntarily and explicitly stated) or implied (arising by operation of law, such as resulting or constructive trusts). In Malay, as elsewhere in the country, these are the key legal points:
- Capacity: The trustor, trustee, and beneficiary must all have the legal capacity to enter into the arrangement.
- Form: Trusts involving immovable property (like land) must be in writing to be valid and enforceable.
- Trustee Duties: Trustees are obligated to act in the best interests of the beneficiaries and in good faith, managing the trust property prudently and following the trust deed.
- Registration: Certain trusts, especially those involving land, may require registration with local government units or the Register of Deeds in Aklan.
- Local Ordinances: Some local regulations in Malay may affect land trusts or their usage, especially in protected or tourism-designated areas.
- Taxation: Trusts may have income tax consequences, and transfers of property to a trust can incur donor’s tax or related fees.
Legal guidance ensures trusts are valid, enforceable, and protected under both national and local Malay laws.
Frequently Asked Questions
What is a trust, and how does it work in Malay?
A trust is a legal agreement where one party holds property for another's benefit. In Malay, trusts function according to national law but may have local considerations, especially in land-related trusts.
Who can create a trust in Malay, Philippines?
Any person or entity with legal capacity can create a trust, provided the purpose and structure comply with the law and public policy.
Do I need a written document to create a trust?
Yes, especially if it involves real property. Verbal trusts over immovable property are generally unenforceable.
What types of assets can be placed in a trust?
Cash, real estate, shares, businesses, and other valuables can be placed in a trust, provided their transfer follows legal requirements.
Can I change or revoke a trust after it is created?
Some trusts are revocable and can be changed by the trustor, while others are irrevocable. This must be specified in the trust deed.
What are the duties of a trustee?
Trustees must act honestly, manage assets prudently, follow the instructions in the trust document, and keep beneficiaries’ interests paramount.
How are trusts taxed in the Philippines?
Trust income is generally subject to income tax, and transfers may be subject to donor’s tax. Tax rules can be complex, so consult a lawyer or accountant familiar with local practice.
Can foreigners be trustees or beneficiaries in Malay?
Foreigners can be trustees or beneficiaries, but there are restrictions regarding land ownership, so local legal advice is essential.
What happens if there is a dispute about a trust?
Disputes may be resolved through mediation or, if unresolved, by filing a case in court. Legal representation is advised.
Where do I register a trust in Malay?
If registration is necessary (usually for trusts involving real property), this can be done at the local Register of Deeds office in Aklan.
Additional Resources
If you want more information about trusts or need assistance, you can contact or visit:
- Office of the Register of Deeds, Aklan (for real estate trusts registration and inquiries)
- Integrated Bar of the Philippines (for legal referrals in Malay or Aklan)
- Municipal Legal Office of Malay (for local ordinance and compliance)
- Bureau of Internal Revenue (for tax implications of trusts)
- Department of Justice, Philippines (for legal guidance on trusts and inheritance)
Next Steps
If you are considering creating, managing, or resolving a trust in Malay, Philippines, follow these steps:
- Define your needs and reasons for creating a trust (estate planning, asset protection, etc.).
- Consult a qualified attorney in Malay or Aklan familiar with trusts and local requirements.
- Prepare all necessary documents, including identification, property titles, or related paperwork.
- Discuss with your lawyer the type of trust that best meets your objectives and how it should be structured.
- Draft the trust instrument in compliance with Philippine law and any relevant local ordinances.
- Register the trust if required, especially for real estate.
- Review and update your trust arrangement as circumstances or laws change.
Always seek professional legal advice for your specific situation to ensure your trust is valid, tax-efficient, and aligned with your intentions and obligations in Malay, Philippines.
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.