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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 Tagbilaran, Philippines
Trusts are legal arrangements that allow a person (the trustee) to hold assets on behalf of another person (the beneficiary). In Tagbilaran, Philippines, Trusts are governed by the Civil Code of the Philippines and other relevant laws.
Why You May Need a Lawyer
There are various situations where you may need a lawyer specializing in Trusts law in Tagbilaran, Philippines. These can include setting up a Trust, managing Trust assets, resolving disputes among beneficiaries, or ensuring compliance with local Trust laws.
Local Laws Overview
In Tagbilaran, Philippines, Trusts are regulated by the Civil Code of the Philippines, particularly Title XIV on Trusts. Some key aspects of local Trust laws include requirements for creating a Trust, duties and liabilities of trustees, and procedures for Trust administration.
Frequently Asked Questions
1. What is a Trust?
A Trust is a legal arrangement where a trustee holds assets on behalf of a beneficiary.
2. How do I create a Trust in Tagbilaran, Philippines?
To create a Trust in Tagbilaran, Philippines, you need to have a written Trust document outlining the terms and appointing a trustee.
3. Can I be both the trustee and beneficiary of a Trust?
Yes, it is possible to be both the trustee and beneficiary of a Trust in Tagbilaran, Philippines, but there are certain limitations and requirements that must be met.
4. What are the duties of a trustee in Tagbilaran, Philippines?
The duties of a trustee in Tagbilaran, Philippines include managing Trust assets prudently, acting in the best interests of the beneficiaries, and keeping accurate records of Trust transactions.
5. How are Trust disputes resolved in Tagbilaran, Philippines?
Trust disputes in Tagbilaran, Philippines can be resolved through negotiation, mediation, or by seeking legal recourse through the courts.
6. Are Trusts subject to taxation in Tagbilaran, Philippines?
Trusts in Tagbilaran, Philippines are subject to taxation, and it is important to understand the tax implications of Trust structures.
7. Can a Trust be revoked or modified in Tagbilaran, Philippines?
Trusts in Tagbilaran, Philippines can typically be revoked or modified, but this process may involve certain legal requirements and procedures.
8. What happens if a trustee breaches their duties in Tagbilaran, Philippines?
If a trustee breaches their duties in Tagbilaran, Philippines, they may be held personally liable for any losses incurred by the Trust.
9. How can I find a Trusts lawyer in Tagbilaran, Philippines?
You can find a Trusts lawyer in Tagbilaran, Philippines by contacting local law firms, bar associations, or legal directories for recommendations.
10. How much does it cost to hire a Trusts lawyer in Tagbilaran, Philippines?
The cost of hiring a Trusts lawyer in Tagbilaran, Philippines may vary depending on the complexity of your case, the lawyer's experience, and other factors. It is advisable to discuss fees and payment arrangements upfront.
Additional Resources
If you need legal advice or assistance with Trusts in Tagbilaran, Philippines, you may consider contacting the Integrated Bar of the Philippines - Tagbilaran Chapter or seeking guidance from the Trust Officers Association of the Philippines.
Next Steps
If you require legal assistance with Trusts in Tagbilaran, Philippines, it is recommended to schedule a consultation with a Trusts lawyer who can provide personalized advice based on your specific circumstances. Be prepared to discuss your goals, assets, and any concerns you may have regarding Trust administration.
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.