Best Trusts Lawyers in Ormoc City
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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 Ormoc City, Philippines
Trusts are legal arrangements that allow assets to be held and managed by a trustee for the benefit of specified beneficiaries. In Ormoc City, Philippines, trusts are governed by the Philippine Trust Code (PD 1564). This law sets out the rules and regulations regarding the creation, administration, and termination of trusts in the country.
Why You May Need a Lawyer
While it is not always necessary to involve a lawyer in every trust-related matter, there are situations where legal assistance can be crucial:
- Creating a Trust: A lawyer can help you draft the necessary legal documents to create a trust that clearly outlines your wishes and protects your interests.
- Trust Administration: If you are appointed as a trustee or a beneficiary and you need guidance on your rights, responsibilities, and legal obligations, a lawyer can provide valuable advice.
- Disputes and Litigation: In the event of conflicts or disputes involving trusts, a lawyer can assist in resolving the issue through negotiation, mediation, or representation in court.
- Updating or Modifying Trusts: If you wish to make changes to an existing trust, a lawyer can help you understand the legal implications and guide you through the process.
Local Laws Overview
In Ormoc City, Philippines, the Philippine Trust Code serves as the primary legislation governing trusts. Some key aspects of local trust laws include:
- Minimum Requirements: To create a trust, certain essential elements must be present, such as a trustee, beneficiaries, trust property, and a valid purpose.
- Trustee Duties: Trustees are legally obligated to manage trust assets prudently, act in the best interests of the beneficiaries, and avoid conflicts of interest.
- Trust Termination: A trust may terminate upon the occurrence of specified events, fulfillment of its purpose, or by court order.
- Trustee Compensation: Trustees are generally entitled to reasonable compensation for their services, unless stated otherwise in the trust document.
Frequently Asked Questions
1. Can I create a trust to protect my assets in Ormoc City?
Yes, you can create a trust to protect your assets in Ormoc City. By placing your assets in a trust, you can ensure their management and distribution according to your wishes while protecting them from certain risks, creditors, or legal proceedings.
2. Do I need a lawyer to create a trust in Ormoc City?
While you are not legally required to hire a lawyer to create a trust, seeking legal advice is highly recommended. A lawyer can help ensure that your trust is properly structured, effectively addresses your objectives, and complies with all relevant laws and regulations.
3. What are the tax implications of creating a trust in Ormoc City?
The tax implications of creating a trust can vary depending on the specific circumstances and the type of trust. It is advisable to consult with a tax professional or lawyer to understand the potential tax consequences of your trust, including income tax, estate tax, and any applicable exemptions or deductions.
4. Can I change or revoke a trust in Ormoc City?
Yes, in most cases, you can change or revoke a trust in Ormoc City. However, the process and requirements for modifying or revoking a trust depend on the terms specified in the trust document and the local laws. It is important to consult with a lawyer to ensure that any changes or revocations are done properly and legally.
5. What happens to a trust if the trustee becomes incapacitated or passes away?
If a trustee becomes incapacitated or passes away, it is crucial to have a contingency plan in place. The trust document should specify what happens in such circumstances, including the appointment of a successor trustee. If the trust does not address this situation adequately, the court may need to intervene and appoint a new trustee based on the best interests of the beneficiaries.
Additional Resources
For further information or legal assistance regarding trusts in Ormoc City, Philippines, you may consider reaching out to the following resources:
- Ormoc City Bar Association: Contact the local bar association for referrals to trusted lawyers with expertise in trusts.
- Philippine Department of Justice - Legal Service: Visit their website to access legal resources and information on trusts at the national level.
Next Steps
If you require legal assistance in the field of trusts in Ormoc City, following these steps can help you proceed:
- Identify your specific trust-related needs and concerns.
- Research and gather information on local trust laws and practices.
- Consider seeking recommendations from trusted friends, family, or professionals.
- Contact lawyers specialized in trusts in Ormoc City to discuss your situation and potential legal representation.
- Consult with a lawyer to assess your options, understand the legal implications, and determine the best course of action.
- Retain legal representation if necessary and proceed with their guidance.
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.