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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 Philippines:
Trusts in the Philippines are governed by the Civil Code of the Philippines, specifically Articles 1440 to 1491. A trust is a legal arrangement where a person (the trustee) holds property on behalf of another person (the beneficiary). This allows for the efficient management and protection of assets for the benefit of the beneficiary.
Why You May Need a Lawyer:
You may need a lawyer for trusts in the Philippines in various situations such as creating a trust, managing trust assets, resolving disputes among beneficiaries, and ensuring compliance with legal requirements. A lawyer can provide valuable assistance in drafting trust documents, interpreting complex laws, and representing you in court if necessary.
Local Laws Overview:
In the Philippines, trusts are subject to certain legal requirements, such as the need for a written trust instrument and the appointment of a trustee. Trusts are irrevocable unless specified otherwise in the trust document. The trustee has a fiduciary duty to act in the best interests of the beneficiary, and any breach of this duty can lead to legal consequences.
Frequently Asked Questions:
1. What is a trust?
A trust is a legal arrangement where one person holds property for the benefit of another person.
2. How do I create a trust in the Philippines?
You can create a trust by executing a written trust document specifying the terms and conditions of the trust.
3. Who can be a trustee in the Philippines?
A trustee can be an individual or a corporation capable of holding legal title to property.
4. Can a trust be revoked in the Philippines?
By default, trusts in the Philippines are irrevocable unless specified otherwise in the trust document.
5. What are the duties of a trustee?
A trustee has a fiduciary duty to act in the best interests of the beneficiary and manage trust assets prudently.
6. Can I change the beneficiaries of a trust?
Changing beneficiaries of a trust may be possible depending on the terms of the trust document and local laws.
7. What happens if a trustee breaches their duties?
If a trustee breaches their duties, they may be held liable for any harm caused to the beneficiaries and may face legal consequences.
8. How are trusts taxed in the Philippines?
Trusts in the Philippines may be subject to taxation, and it is advisable to consult a tax professional for guidance on taxation matters.
9. Can a trust be challenged in court?
A trust can be challenged in court on various grounds, such as fraud, undue influence, or lack of capacity of the settlor.
10. How can I terminate a trust in the Philippines?
A trust can be terminated in the Philippines by following the terms specified in the trust document or through a court order in certain circumstances.
Additional Resources:
For further information on trusts in the Philippines, you may consult the Philippine Judicial Academy or seek guidance from the Integrated Bar of the Philippines.
Next Steps:
If you need legal assistance with trusts in the Philippines, it is recommended to consult a trust lawyer who has expertise in Philippine trust laws. They can provide you with personalized advice and guide you through the legal process to ensure your interests are protected.
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.