Best Trusts Lawyers in Mandaluyong City
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List of the best lawyers in Mandaluyong City, Philippines
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Find a Lawyer in Mandaluyong CityPhilippines 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 Mandaluyong City, Philippines
Trusts are legal arrangements where one party, known as the trustor, gives another party, known as the trustee, the right to hold assets for the benefit of a third party, known as the beneficiary. In Mandaluyong City, Philippines, trusts are governed by various laws and regulations to ensure the proper management and protection of assets.
Why You May Need a Lawyer
There are several situations where you may need the assistance of a lawyer specializing in trusts in Mandaluyong City. Some common scenarios include creating a trust, modifying an existing trust, resolving disputes between trustees and beneficiaries, and ensuring compliance with local trust laws.
Local Laws Overview
In Mandaluyong City, Philippines, trusts are primarily governed by the Civil Code, the Family Code, and the General Banking Law. These laws outline the rights and responsibilities of all parties involved in a trust, as well as the procedures for creating and managing trusts.
Frequently Asked Questions
1. What is the difference between a trustor, trustee, and beneficiary?
The trustor is the person who creates the trust and transfers assets into it. The trustee is the person who manages the trust assets on behalf of the beneficiary, who is the person or entity that will benefit from the trust.
2. How do I create a trust in Mandaluyong City?
To create a trust in Mandaluyong City, you must draft a trust agreement outlining the terms and conditions of the trust, appoint a trustee, and transfer assets into the trust. It is advisable to seek the assistance of a lawyer to ensure the trust is legally valid.
3. Can I modify or revoke a trust?
Yes, you can modify or revoke a trust in Mandaluyong City, but the process may vary depending on the terms of the trust agreement and local laws. It is recommended to consult with a lawyer to determine the best course of action.
4. What are the duties of a trustee?
Some common duties of a trustee in Mandaluyong City include managing trust assets prudently, acting in the best interests of the beneficiaries, keeping accurate records, and providing regular updates to beneficiaries.
5. What happens if there is a dispute between trustees and beneficiaries?
If a dispute arises between trustees and beneficiaries in Mandaluyong City, it is advisable to seek mediation or arbitration to resolve the issue amicably. If a resolution cannot be reached, legal action may be necessary.
6. How are trusts taxed in Mandaluyong City?
Trusts in Mandaluyong City may be subject to various taxes, including income tax, estate tax, and donor's tax. It is important to consult with a tax professional to understand the tax implications of your trust.
7. Can a minor be a beneficiary of a trust?
Yes, a minor can be a beneficiary of a trust in Mandaluyong City. In such cases, a trustee will be appointed to manage the assets on behalf of the minor until they reach the age of majority.
8. How long does a trust last?
The duration of a trust in Mandaluyong City can vary depending on the terms of the trust agreement. Some trusts may be set up for a specific period, while others may continue until certain conditions are met or the assets are distributed.
9. Can a trust be challenged in court?
Yes, a trust can be challenged in court in Mandaluyong City if there are grounds to believe that the trust is invalid or that the trustees are not fulfilling their duties. It is recommended to seek legal advice if you wish to challenge a trust.
10. How can I find a trustworthy lawyer specializing in trusts in Mandaluyong City?
You can start by asking for recommendations from friends or family members, searching online directories, or contacting the Integrated Bar of the Philippines - Mandaluyong City Chapter for a list of reputable lawyers specializing in trusts.
Additional Resources
For more information on trusts in Mandaluyong City, you can visit the Supreme Court of the Philippines website, the Securities and Exchange Commission, or consult with legal aid organizations such as the Legal Aid Society of Mandaluyong City.
Next Steps
If you require legal assistance with trusts in Mandaluyong City, it is advisable to schedule a consultation with a trusted lawyer specializing in trusts to discuss your specific needs and explore your options for protecting your assets and ensuring the well-being of your beneficiaries.
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.