Best Trusts Lawyers in Marikina City
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List of the best lawyers in Marikina City, Philippines
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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 Marikina City, Philippines:
Trusts in Marikina City, Philippines, are legal arrangements where a trustee holds assets on behalf of a beneficiary. Trusts are commonly used for estate planning, asset protection, and charitable giving.
Why You May Need a Lawyer:
You may need a lawyer for Trusts in Marikina City if you are creating a trust, modifying an existing trust, or need assistance with trust administration. A lawyer can help ensure that your trust is set up correctly and that your wishes are carried out.
Local Laws Overview:
In Marikina City, Philippines, trusts are governed by the Civil Code of the Philippines and other relevant laws. It is important to consult with a lawyer who is knowledgeable about local trust laws to ensure compliance and avoid any legal issues.
Frequently Asked Questions:
1. What is a trust?
A trust is a legal arrangement where a trustee holds and manages assets on behalf of a beneficiary.
2. How do I create a trust in Marikina City?
To create a trust in Marikina City, you will need to draft a trust deed outlining the terms and conditions of the trust.
3. What is the role of a trustee?
A trustee is responsible for managing the trust assets and ensuring that the terms of the trust are carried out according to the trust deed.
4. Can I be a trustee and a beneficiary of the same trust?
Yes, it is possible to be both a trustee and a beneficiary of the same trust in Marikina City.
5. Can I modify or revoke a trust?
Yes, you can modify or revoke a trust in Marikina City, but you will need to follow the legal requirements outlined in the trust deed and local laws.
6. What are the tax implications of a trust in Marikina City?
There may be tax implications for trusts in Marikina City, so it is advisable to consult with a tax professional or lawyer to understand the tax obligations.
7. How can a lawyer help with a trust dispute?
A lawyer can help resolve trust disputes by providing legal guidance, negotiating with parties involved, and representing you in court if necessary.
8. What is the difference between a revocable and irrevocable trust?
A revocable trust can be modified or revoked by the creator, while an irrevocable trust cannot be easily changed or revoked.
9. Are there any specific requirements for creating a trust in Marikina City?
There may be specific legal requirements for creating a trust in Marikina City, so it is best to consult with a lawyer familiar with local trust laws.
10. How do I choose a trustworthy lawyer for my trust needs?
When choosing a lawyer for your trust needs in Marikina City, consider their experience with trusts, expertise in local laws, and reputation for providing quality legal services.
Additional Resources:
For more information on trusts in Marikina City, Philippines, you may contact the Philippine Bar Association, the Integrated Bar of the Philippines, or the Supreme Court of the Philippines for guidance and resources related to trust laws.
Next Steps:
If you require legal assistance with trusts in Marikina City, Philippines, it is recommended to consult with a qualified trust lawyer who can provide advice, guidance, and representation to ensure that your trust is set up properly and your interests are protected.
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.