Best Trusts Lawyers in Paranaque City
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List of the best lawyers in Paranaque 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 Paranaque City, Philippines
Trusts law in Paranaque City, Philippines governs the legal relationship where one party holds property for the benefit of another. Trusts are commonly used for estate planning, asset protection, and charitable purposes. It is essential to understand the legal framework surrounding trusts to ensure your assets are protected and your wishes are carried out.
Why You May Need a Lawyer
You may need a lawyer for trusts in Paranaque City if you are creating a trust, modifying an existing trust, resolving disputes related to a trust, or navigating complex legal requirements. A lawyer can provide valuable guidance, ensure compliance with local laws, and protect your interests.
Local Laws Overview
In Paranaque City, trusts are governed by the Philippine Civil Code, which outlines the requirements and procedures for creating and administering trusts. It is crucial to understand these laws to ensure your trust is valid and legally enforceable.
Frequently Asked Questions
What is a trust?
A trust is a legal arrangement where one party (the trustee) holds property for the benefit of another (the beneficiary). The trustee has a fiduciary duty to manage the trust assets in the best interests of the beneficiary.
How do I create a trust in Paranaque City?
To create a trust in Paranaque City, you need to draft a trust deed outlining the terms and conditions of the trust, appoint a trustee, and transfer assets to the trust. It is advisable to seek legal advice to ensure your trust is properly established.
Can I modify or revoke a trust?
You can modify or revoke a trust in Paranaque City by following the procedures outlined in the trust deed or under local laws. It is recommended to consult a lawyer to ensure any modifications or revocations are legally valid.
What are the duties of a trustee?
A trustee has a duty to act in the best interests of the beneficiaries, manage trust assets prudently, avoid conflicts of interest, and comply with the terms of the trust deed. Failure to fulfill these duties can result in legal liability.
Can I challenge a trust in court?
You can challenge a trust in court in Paranaque City if you have valid grounds, such as fraud, undue influence, or lack of capacity. It is advisable to seek legal advice before taking legal action to assess the strength of your case.
Are there taxes involved in trusts?
In Paranaque City, trusts may be subject to certain taxes, such as estate tax and donor's tax. It is essential to consult a tax professional to ensure compliance with tax laws and minimize tax liabilities related to trusts.
What happens if a trustee breaches their duties?
If a trustee breaches their duties in Paranaque City, they may be held liable for damages, removed from their role, or face legal consequences. Beneficiaries can take legal action to protect their interests and hold trustees accountable.
Can I appoint multiple trustees?
Yes, you can appoint multiple trustees for a trust in Paranaque City. Co-trustees can share the responsibilities of managing the trust assets, making decisions, and ensuring compliance with the trust deed. It is advisable to establish clear roles and responsibilities to avoid conflicts among trustees.
What is the role of a beneficiary in a trust?
A beneficiary of a trust in Paranaque City is entitled to the trust assets according to the terms of the trust deed. Beneficiaries have the right to receive distributions, information about the trust, and enforce their rights against the trustee. It is essential for beneficiaries to understand their rights and obligations under the trust.
Do I need a lawyer for trusts in Paranaque City?
While it is not mandatory to hire a lawyer for trusts in Paranaque City, legal guidance can be invaluable in navigating complex trust laws, ensuring compliance, protecting your interests, and resolving disputes. A lawyer can provide expertise and peace of mind when dealing with trusts.
Additional Resources
For additional resources related to trusts in Paranaque City, you can consult the Philippine Civil Code, the Integrated Bar of the Philippines, and legal firms specializing in trusts and estates law. These resources can provide valuable information and assistance for individuals seeking legal advice on trusts.
Next Steps
If you require legal assistance for trusts in Paranaque City, it is advisable to contact a reputable law firm specializing in trusts and estates law. A lawyer can assess your situation, provide personalized advice, and help you navigate the legal complexities of trusts to protect your assets and achieve your estate planning goals.
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.