Best Trusts Lawyers in Pasig
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in Pasig, Philippines
We haven't listed any Trusts lawyers in Pasig, Philippines yet...
But you can share your requirements with us, and we will help you find the right lawyer for your needs in Pasig
Find a Lawyer in Pasig
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 Pasig, Philippines
Trusts in Pasig, Philippines, are legal arrangements where a person (the trustor) transfers property to another person (the trustee) to hold and manage for the benefit of a third party (the beneficiary). Trusts can be created for various reasons such as estate planning, asset protection, or charitable purposes.
Why You May Need a Lawyer
You may need a lawyer for assistance in creating a trust, understanding the legal implications of a trust, resolving disputes related to a trust, or interpreting complex trust laws. A lawyer can provide guidance and ensure that your trust is set up correctly and follows all legal requirements.
Local Laws Overview
In Pasig, Philippines, trusts are governed by the Civil Code, the Family Code, and other relevant laws. It is essential to understand the legal framework surrounding trusts to ensure compliance and protect your interests. Trusts must adhere to specific formalities and requirements outlined in the law to be valid and enforceable.
Frequently Asked Questions
1. What is a trust?
A trust is a legal arrangement where a trustor transfers property to a trustee to hold and manage for the benefit of a beneficiary.
2. Who can create a trust in Pasig, Philippines?
Any competent person of legal age can create a trust in Pasig, Philippines.
3. What are the different types of trusts?
There are various types of trusts, including living trusts, testamentary trusts, charitable trusts, and special needs trusts, each serving different purposes.
4. How are trusts taxed in Pasig, Philippines?
Trusts in Pasig, Philippines are subject to specific tax laws. It is advisable to consult a lawyer or tax professional for guidance on trust taxation.
5. Can a trust be revoked or modified?
Depending on the terms of the trust, some trusts may be revocable or modifiable, while others may be irrevocable and unchangeable.
6. What are the responsibilities of a trustee?
A trustee is responsible for managing the trust property according to the trust terms, acting in the best interests of the beneficiaries, and following all legal requirements.
7. How can I challenge a trust in court?
If you believe a trust is invalid or not being managed properly, you may challenge it in court through a legal process known as trust litigation.
8. What happens to a trust if the trustor dies?
If the trustor dies, the trust may continue under the terms established in the trust document, or it may terminate depending on the specific provisions outlined.
9. Can minors be beneficiaries of a trust?
Minors can be beneficiaries of a trust, but special considerations must be taken to protect their interests, such as appointing a guardian or setting up a trust fund for their benefit.
10. How can a lawyer help with trusts in Pasig, Philippines?
A lawyer can provide legal advice on creating, managing, and resolving issues related to trusts in Pasig, ensuring that your trust is legally sound and serves your intended purposes.
Additional Resources
For further information on trusts in Pasig, Philippines, you can consult the Pasig City Hall, the Integrated Bar of the Philippines - Pasig Chapter, or reputable law firms specializing in trusts and estates law.
Next Steps
If you require legal assistance with trusts in Pasig, Philippines, it is advisable to consult with a trusted lawyer who has experience in trust law. They can guide you through the process, ensure that your trust complies with local laws, and help protect your interests.
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.