Best Trusts Lawyers in Tacloban City
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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 Tacloban City, Philippines
Trusts in the Philippines, including Tacloban City, are legal arrangements where one person (the trustor or settlor) transfers property to another (the trustee) to manage for the benefit of a third party (the beneficiary). Trusts are recognized under the Civil Code of the Philippines and can be created for various reasons, such as managing property for children, distributing assets after death, or for charitable purposes. Tacloban City follows the national laws of the Philippines regarding trusts, but local practices and procedures may affect how these are implemented and managed.
Why You May Need a Lawyer
Dealing with trusts can be complex due to legal formalities and significant financial interests. Here are common situations where legal advice may be essential:
- Setting up a family trust to manage estate planning and inheritance.
- Ensuring the proper transfer of land or other assets into a trust.
- Disputes between trustees and beneficiaries regarding management of trust assets.
- Seeking guidance on duties and obligations as a trustee.
- Challenging the validity or terms of an existing trust.
- Complying with tax requirements and local regulations.
- Securing assets for minors, persons with disabilities, or other vulnerable individuals.
In all these cases, a lawyer will help interpret the law, draft the required documents, and protect your interests.
Local Laws Overview
Trusts in Tacloban City are governed by the Civil Code of the Philippines (particularly Articles 1440 to 1457) and related national statutes. There are two primary types of trusts under Philippine law:
- Express Trusts - Created intentionally by the parties, often documented in a written agreement or a will.
- Implied Trusts - Arising from circumstances or the law, such as resulting trusts or constructive trusts, often used to prevent unjust enrichment.
Key aspects to remember:
- Trust instruments often need to be in writing, especially if real property is involved.
- Registration with government agencies may be required when land or significant assets are part of the trust.
- Trustees have fiduciary obligations - they must act in good faith and in the best interests of beneficiaries.
- Breach of trust can result in civil liability and, in some cases, criminal penalties.
- Trusts affecting real property are subject to local registration taxes and fees in Tacloban City.
Frequently Asked Questions
What is a trust under Philippine law?
A trust is a legal relationship where one person or entity (the trustee) holds property for the benefit of another (the beneficiary), created by a trustor or settlor.
Can trusts be used to avoid probate in Tacloban City?
Yes, placing assets in a trust can help beneficiaries avoid the lengthy and public probate process since the trust governs the distribution of assets independently from a will.
Do trusts pay taxes in Tacloban City?
Yes, trusts are subject to tax regulations, including income tax on earnings from trust property and possible estate taxes. Consulting a lawyer or accountant is advised for compliance.
What are the responsibilities of a trustee?
A trustee must manage the trust property prudently, act in the best interest of beneficiaries, keep accurate records, and follow the terms of the trust agreement.
How do I set up a trust in Tacloban City?
Draft a trust deed or agreement with the guidance of a lawyer. If including land, the trust must be registered with the city registrar of deeds.
Can I change or revoke a trust after it is set up?
If the trust is revocable, the trustor may change or terminate it. However, irrevocable trusts generally cannot be altered or revoked except in specific circumstances allowed by law.
What happens if a trustee fails to perform their duty?
Beneficiaries may take legal action against a trustee who breaches their duty. The court can order compensation, removal of the trustee, or even criminal charges if there is fraud or malfeasance.
Can a minor be a beneficiary of a trust?
Yes, trusts are often used to protect assets for minors until they reach the age of majority or a specified age set in the trust.
Are trusts public documents in Tacloban City?
Trust documents are private unless they involve real property, in which case registration with the public registry is required, making certain details accessible.
How do I find a qualified trusts lawyer in Tacloban City?
Seek referrals from the Integrated Bar of the Philippines - Leyte Chapter, local law offices, or legal aid groups. Ensure the lawyer specializes in estate and trust law.
Additional Resources
- Integrated Bar of the Philippines - Leyte Chapter: Offers legal assistance and referrals to qualified lawyers.
- Register of Deeds, Tacloban City: Where trust agreements involving real property must be registered.
- Bureau of Internal Revenue (BIR): Provides information on taxes applicable to trusts and estate matters.
- Civil Courts in Tacloban City: Handle trust disputes and enforcement.
- Legal Aid Clinics: Some local universities or NGOs offer free or low-cost legal consultation on trust matters.
Next Steps
If you are considering setting up a trust, managing an existing one, or facing a trust dispute in Tacloban City, here is what you can do:
- Gather all relevant documents related to your assets or the trust.
- Write down your goals or concerns regarding the trust.
- Contact a lawyer experienced in trusts and estate law in Tacloban City for an initial consultation.
- Visit the Register of Deeds for registration requirements if real property is involved.
- Consult with the BIR or an accountant for tax compliance issues.
Taking early and informed action with the help of a legal professional will help you protect your interests and ensure a smooth trust administration process.
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.