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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 Meycauayan, Philippines:
Trusts in Meycauayan, Philippines, are legal arrangements where a person, known as the settlor, transfers assets to another person, known as the trustee, for the benefit of a third party, known as the 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 Meycauayan, Philippines, to help you draft a trust document, understand the legal implications of setting up a trust, navigate complex tax laws, and ensure your assets are protected according to your wishes.
Local Laws Overview:
In Meycauayan, Philippines, trusts are governed by the Family Code, Civil Code, and other relevant laws. The law requires trusts to be in writing, specify the assets being transferred, and include the names of the trustee and beneficiaries. The trustee has a fiduciary duty to act in the best interests of the beneficiaries.
Frequently Asked Questions:
What is a trust?
A trust is a legal arrangement where a person transfers assets to another person for the benefit of a third party.
How do I create a trust in Meycauayan, Philippines?
To create a trust in Meycauayan, Philippines, you need to draft a trust document specifying the assets, trustee, and beneficiaries.
What are the different types of trusts in Meycauayan, Philippines?
Common types of trusts in Meycauayan, Philippines, include revocable trusts, irrevocable trusts, charitable trusts, and testamentary trusts.
Can I be the trustee and beneficiary of my own trust?
Yes, you can be the trustee and beneficiary of your own trust in Meycauayan, Philippines.
What are the tax implications of setting up a trust in Meycauayan, Philippines?
There may be tax implications when setting up a trust in Meycauayan, Philippines. It is advisable to consult with a lawyer or tax professional.
Can a trust be contested in Meycauayan, Philippines?
Yes, a trust can be contested in Meycauayan, Philippines if there are grounds to do so, such as fraud or lack of capacity.
How can a lawyer help me with a trust in Meycauayan, Philippines?
A lawyer can help you draft a trust document, understand your legal rights and obligations, and ensure your assets are protected according to your wishes.
What happens if the trustee breaches their fiduciary duty in Meycauayan, Philippines?
If the trustee breaches their fiduciary duty in Meycauayan, Philippines, they may be held liable for damages and removed from their position.
Can I change the terms of a trust in Meycauayan, Philippines?
Depending on the type of trust, you may be able to amend or revoke the trust in Meycauayan, Philippines. It is important to consult with a lawyer to understand your options.
How do I choose a trustee for my trust in Meycauayan, Philippines?
When choosing a trustee for your trust in Meycauayan, Philippines, consider their trustworthiness, financial competency, and willingness to fulfill their duties.
Additional Resources:
For more information on trusts in Meycauayan, Philippines, you can consult the Philippine Bar Association, the Supreme Court of the Philippines, or a local law firm specializing in trusts and estates.
Next Steps:
If you require legal assistance with trusts in Meycauayan, Philippines, it is advisable to schedule a consultation with a trust and estates lawyer who can provide personalized guidance based on your specific needs and circumstances.
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.