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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 Santiago, Philippines
Trusts in Santiago, Philippines, are legal arrangements where a person (the trustee) holds and manages assets on behalf of another person (the beneficiary). Trusts can be used for various purposes, such as estate planning, asset protection, and charitable giving.
Why You May Need a Lawyer
You may need a lawyer specializing in Trusts in Santiago, Philippines, if you are creating a trust, amending an existing trust, or dealing with disputes related to a trust. A lawyer can provide guidance on the legal requirements, help draft the necessary documents, and represent you in legal proceedings if needed.
Local Laws Overview
In Santiago, Philippines, trusts are governed by the Civil Code and other relevant laws. Key aspects to consider include the requirements for creating a valid trust, the duties and responsibilities of trustees, and the rights of beneficiaries. It is important to ensure compliance with local laws to avoid legal issues in the future.
Frequently Asked Questions
1. What is a trust?
A trust is a legal arrangement where a trustee holds and manages assets on behalf of a beneficiary.
2. How do I create a trust in Santiago, Philippines?
To create a trust, you need to have a written trust deed, appoint a trustee, specify the assets to be held in the trust, and identify the beneficiaries.
3. What are the duties of a trustee?
A trustee has the duty to act in the best interests of the beneficiaries, manage the trust assets prudently, and comply with the terms of the trust.
4. Can I amend a trust?
Yes, a trust can typically be amended, but the process and requirements may vary. It is advisable to seek legal advice when amending a trust.
5. How can I resolve disputes related to a trust?
Disputes related to trusts can be resolved through negotiation, mediation, or legal proceedings. A lawyer experienced in trust law can assist in resolving disputes effectively.
6. Are there tax implications of setting up a trust in Santiago, Philippines?
Yes, there may be tax implications when setting up a trust, such as income tax on trust income. It is recommended to consult a tax advisor for guidance on tax matters.
7. Can a trust be used for charitable purposes?
Yes, trusts can be set up for charitable purposes in Santiago, Philippines. Charitable trusts are regulated by specific laws and provide benefits for the community.
8. What happens if a trustee breaches their duties?
If a trustee breaches their duties, they may be held liable for damages and removed from their position. Beneficiaries can take legal action to protect their interests.
9. Do I need a lawyer to create a trust?
While it is possible to create a trust without a lawyer, it is advisable to seek legal advice to ensure that the trust is legally valid and meets your objectives.
10. How much does it cost to hire a lawyer for trust matters?
The cost of hiring a lawyer for trust matters in Santiago, Philippines, can vary depending on the complexity of the case and the lawyer's fees. It is recommended to discuss the fees upfront and clarify any potential additional costs.
Additional Resources
For more information on trusts in Santiago, Philippines, you can contact the Integrated Bar of the Philippines Santiago Chapter or the Philippine Trusts Association. These organizations may provide resources and referrals to trusted legal professionals.
Next Steps
If you require legal assistance in trusts in Santiago, Philippines, it is advisable to schedule a consultation with a trust lawyer. The lawyer can assess your situation, provide guidance on your options, and help you navigate the legal processes involved in trusts.
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.