Best Trusts Lawyers in Quezon City

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List of the best lawyers in Quezon City, Philippines

Recososa Law Firm

Quezon City, Philippines

Founded in 2020

11 people in their team

www.facebook.com

English

Tagalog

All Specialization Law Firm & Notary Public located at the heart of Cebu City In IT Park Lahug. From Commercial Law, Labor Law, Immigration Law, Criminal Law such as Estafa, Cybercrime like Cyberlibel, Defamation, Fraud, Criminal Prosecution, Civil Law, Land Dispute, Land Registration,...

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Apollo X.C. S. Sangalang

15 minutes Free Consultation

Quezon City, Philippines

Founded in 1995

16 people in their team

Tagalog

English

Consultation Fee: PhP5,000 +12% VAT (or USD100) per hour via online or in-person meeting, email correspondence, WhatsApp or Viber chat. APOLLO X.C. S. SANGALANG (“Attorney PoL”) is a business lawyer, labor law coach, corporate counsel, legal educator and conflict strategist, as...

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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.

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About Trusts Law in Quezon City, Philippines

In the Philippines and specifically in Quezon City, Trust law primarily focuses on wealth and property management. Here, a “trustor” entrusts assets for the benefit of a third party known as “beneficiaries”. The trust relationship is managed by a trustee who is convinced to control the properties or wealth for the beneficiaries under a trust agreement. The concept of trust law roots back to the Civil Code of the Philippines under Title V - Trusts.

Why You May Need a Lawyer

If you are planning to set up or manage a trust, you may require legal advice to ensure your assets and interests are properly safeguarded. This could also include ensuring that the objectives of the trust are achieved, or in disputes related to trusts such as inheritance disputes, claiming proceeds of a trust, or interpretation of trust deeds. You may also need a lawyer if you are a beneficiary and need to protect your rights in a trust arrangement.

Local Laws Overview

The local laws in Quezon City align with the national laws of the Philippines in regard to Trusts. The Civil Code, specifically Title V - Trusts, primarily governs these laws. It specifies the creation, modification, termination of trusts and the role, responsibilities, and rights of the trustor, trustee, and beneficiaries. The Family Code of the Philippines also has provisions affecting trusts, particularly those linked with family properties. Note that noncompliance to such regulations may be penalized as per the law.

Frequently Asked Questions

1. Can a trust be set up by a foreigner in the Philippines?

Yes, a foreigner can set up a trust in the Philippines. However, the control of the assets should be managed by a local trustee as per the Anti-Dummy Law.

2. What happens if a trustee dies?

If a trustee passes on, the successor trustee mentioned in the trust agreement will take over the administration of the trust.

3. Can a trust agreement be modified?

Yes, with the approval of the court a trust agreement can be modified.

4. What tax implications are associated with trusts?

Trust accounts are subject to income tax in the Philippines as per the National Internal Revenue Code. Consulting a lawyer can provide you with more specific advice.

5. Are trusts only available for the rich?

No, trusts serve a variety of purposes. They are not only reserved for the wealthy. Anyone can set up a trust as long as they comply with the stipulated legal requirements.

Additional Resources

For more information related to trusts, individuals can refer to the official website of the Philippines' judiciary and the Integrated Bar of the Philippines. Organizations like the Philippine Estate Planning Council may also provide valuable information on estate planning and trusts. Always consult with a trust attorney to get a more accurate understanding of your situation.

Next Steps

If you find yourself needing legal assistance in trusts in Quezon City, Philippines, you should immediately consult with a lawyer specializing in trusts. They can provide advice tailored to your situation and can guide you through the process of setting up, managing or dissolving a trust.

Lawzana helps you find the best lawyers and law firms in Quezon City through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Trusts, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Quezon City, Philippines - quickly, securely, and without unnecessary hassle.

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.