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HIZOLA LAW
Pasig, Philippines

English
HIZOLA LAW, established in August 2022, is a full-service law firm located in Ortigas Center, Pasig City, Philippines. The firm offers a comprehensive range of legal and consultancy services, aiming to be a one-stop solution for clients' diverse needs. With over 23 years of combined experience in...
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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
Estate Planning
Elder Law
Trusts
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
Contract
Family
Will & Testament
Trusts
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 are legal arrangements established to protect and manage assets for individuals, families, or organizations. In the context of Pasig and the Philippines at large, trusts are predominantly governed by the Civil Code of the Philippines. They serve various purposes, including asset protection, estate planning, and charity management. Executors and legal representatives often establish trusts to ensure that the settlor's intentions are fulfilled, beneficiaries' interests are protected, and assets are distributed appropriately. In Pasig, as part of Metro Manila, trusts are typically utilized by individuals planning their estates or managing family and business assets.

Why You May Need a Lawyer

Several situations may necessitate seeking legal guidance regarding trusts:

  • Setting up a trust to manage family or business assets.
  • Clarifying the roles and responsibilities of trustees and beneficiaries.
  • Ensuring compliance with local and national tax laws concerning trusts.
  • Resolving disputes between trustees and beneficiaries or among beneficiaries themselves.
  • Modifying or terminating existing trust arrangements in accordance with legal requirements.
  • Navigating the complexities of estate planning and asset distribution.

Legal advice ensures that the trust complies with Philippine laws and fulfills the settlor's intentions while protecting the rights of the beneficiaries.

Local Laws Overview

The implementation and regulation of trusts in Pasig align with the broader legal framework of the Philippines. Key elements include:

  • The Civil Code of the Philippines provides the foundation for trust law, dictating the establishment, management, and termination of trusts.
  • The Trust Receipts Law (Presidential Decree No. 115) influences the commercial side of trusts, particularly in business transactions.
  • Taxation of trusts is governed by the National Internal Revenue Code of 1997, which specifies tax liabilities and obligations for both trustees and beneficiaries.
  • Local regulations and ordinances may supplement these national laws, particularly regarding property held within trusts in Pasig.

Understanding how these laws interrelate is crucial when managing or establishing a trust in Pasig.

Frequently Asked Questions

What is a trust?

A trust is a fiduciary relationship where one party, known as the trustee, holds assets for the benefit of another party, known as the beneficiary. It is established by a settlor, who transfers property into the trust.

Can anyone set up a trust?

Yes, any person with legal capacity can establish a trust. This generally includes adults who are mentally competent and not under duress or undue influence when creating the trust.

What assets can be placed in a trust?

Almost any type of asset can be placed into a trust, including real estate, stocks, bonds, cash, and personal property. The specific assets are determined by the trust's purpose and the settlor's intentions.

What obligations do trustees have?

Trustees are obligated to manage the trust assets prudently and in accordance with the terms of the trust deed. They must act in the best interests of the beneficiaries, avoiding conflicts of interest, and making informed decisions.

How are trusts taxed in the Philippines?

Trusts are subject to various tax obligations, including income tax and estate tax, which depend on the trust's structure and jurisdiction. Trustees must ensure compliance with the National Internal Revenue Code.

Can a trust be challenged in court?

Yes, a trust can be contested if there are grounds such as lack of capacity, undue influence, fraud, or breach of fiduciary duty by the trustee.

What is the difference between a revocable and an irrevocable trust?

A revocable trust can be altered or terminated by the settlor during their lifetime, while an irrevocable trust generally cannot be changed or terminated once established, except under specific conditions or legal proceedings.

Do I need to register a trust?

In the Philippines, certain trusts must be registered, especially those dealing with real estate or significant financial assets. Consult a legal advisor to determine specific registration requirements.

Can a foreigner establish a trust in the Philippines?

Yes, foreigners can establish trusts in the Philippines, although there may be restrictions on property ownership and other legal considerations that need professional legal advice.

How do I dissolve a trust?

A trust can be dissolved by fulfilling its terms, through mutual agreement of all relevant parties, or by court order. The process can be complex and may require legal intervention.

Additional Resources

Here are some valuable resources and organizations that can assist with trust-related inquiries:

  • Integrated Bar of the Philippines - Offers lawyer referrals and legal assistance services.
  • Bureau of Internal Revenue - For information on tax obligations related to trusts.
  • Pasig City Local Government - Provides resources related to local regulations and property management.
  • Philippine Association for Legal Aid - Provides access to legal aid services and pro bono work.

Next Steps

If you're considering setting up a trust or need assistance managing an existing one, consulting with a qualified legal professional is crucial. Start by seeking a referral from a trusted source or directly contacting a legal practitioner specializing in trust law. Prepare all relevant documents and information about the trust and its assets to facilitate an efficient consultation process. Legal advice can help ensure compliance, protect your interests, and achieve your estate planning goals.

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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.