Best Trusts Lawyers in San Juan
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
List of the best lawyers in San Juan, Philippines
We haven't listed any Trusts lawyers in San Juan, Philippines yet...
But you can share your requirements with us, and we will help you find the right lawyer for your needs in San Juan
Find a Lawyer in San Juan
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 San Juan, Philippines
Trusts in San Juan, Philippines, are legal arrangements where a person (the settlor) transfers their assets to a trustee to hold and manage for the benefit of the beneficiaries. Trusts can be used for various purposes, including asset protection, estate planning, charitable giving, and more.
Why You May Need a Lawyer
You may need a lawyer for assistance in creating a trust, understanding the legal requirements, managing trust assets, resolving disputes among beneficiaries, and ensuring compliance with local laws and regulations.
Local Laws Overview
In San Juan, Philippines, trusts are governed by the Civil Code of the Philippines, particularly Articles 1443 to 1494. It is essential to understand these laws to create a valid trust and ensure its proper administration.
Frequently Asked Questions
1. What is a trust?
A trust is a legal arrangement where a person (the settlor) transfers assets to a trustee to hold and manage for the benefit of the beneficiaries.
2. How do I create a trust in San Juan, Philippines?
To create a trust in San Juan, Philippines, you need to draft a trust deed outlining the terms and conditions of the trust, appoint a trustee, and transfer assets to the trust.
3. Who can be a trustee in San Juan, Philippines?
Any individual or legal entity capable of holding and managing assets can be a trustee in San Juan, Philippines.
4. What are the duties of a trustee in San Juan, Philippines?
A trustee has a fiduciary duty to manage the trust assets prudently, act in the best interests of the beneficiaries, avoid conflicts of interest, and comply with the terms of the trust.
5. Can a trust be revoked in San Juan, Philippines?
Depending on the terms of the trust deed, a settlor may have the power to revoke or modify the trust in San Juan, Philippines.
6. What happens if a trustee breaches their duties in San Juan, Philippines?
If a trustee breaches their duties, beneficiaries may take legal action to remove the trustee, recover misappropriated assets, or seek compensation for losses.
7. Can foreign trusts be recognized in San Juan, Philippines?
Foreign trusts may be recognized in San Juan, Philippines if they meet certain legal requirements and are registered with the appropriate authorities.
8. How are trust assets distributed to beneficiaries in San Juan, Philippines?
Trust assets are distributed to beneficiaries according to the terms of the trust deed, which may specify conditions, timing, and proportions of distributions.
9. Are trusts subject to taxation in San Juan, Philippines?
Trusts in San Juan, Philippines may be subject to taxation on income, capital gains, or inheritance, depending on the nature of the trust and its assets.
10. How can I protect my assets using a trust in San Juan, Philippines?
By transferring assets to a trust, you can protect them from creditors, probate, and other legal challenges, ensuring their secure management and distribution to beneficiaries.
Additional Resources
For more information on trusts in San Juan, Philippines, you can consult the Trust Code of the Philippines, seek guidance from the Securities and Exchange Commission (SEC), or engage legal professionals specializing in trusts and estates.
Next Steps
If you require legal assistance in creating or managing a trust in San Juan, Philippines, consider consulting a qualified lawyer with experience in trusts law. They can help you navigate the legal requirements, protect your interests, and ensure the effective administration of your trust.
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.