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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 Taguig, Philippines:
Trusts law in Taguig, Philippines governs the creation, administration, and termination of trusts, which are legal arrangements where one party (the settlor) transfers assets to another party (the trustee) for the benefit of a third party (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 for assistance in creating a trust, interpreting trust documents, resolving disputes among trustees or beneficiaries, updating an existing trust, or navigating complex legal issues related to trusts. A lawyer with expertise in trusts law can help ensure that your trust is properly structured and administered according to local laws.
Local Laws Overview:
In Taguig, Philippines, trusts are governed by the Civil Code, as well as other relevant laws and regulations. Key aspects of local laws that are particularly relevant to trusts include the requirements for creating a valid trust, the duties and powers of trustees, the rights of beneficiaries, and the procedures for resolving trust disputes.
Frequently Asked Questions:
1. What is a trust?
A trust is a legal arrangement where one party transfers assets to another party for the benefit of a third party.
2. Who are the parties involved in a trust?
The parties involved in a trust are the settlor (the one who creates the trust), the trustee (the one who holds and manages the trust assets), and the beneficiary (the one who benefits from the trust).
3. What are the benefits of creating a trust?
Some benefits of creating a trust include asset protection, estate planning, and control over how your assets are distributed after your death.
4. How do I create a trust in Taguig, Philippines?
To create a trust in Taguig, you need to execute a trust deed or instrument that outlines the terms and conditions of the trust, appoint a trustee, and transfer assets to the trustee.
5. What are the duties of a trustee?
The duties of a trustee include managing trust assets prudently, acting in the best interests of the beneficiaries, keeping accurate records, and complying with trust terms and local laws.
6. Can a trust be revoked or amended?
Depending on the terms of the trust, it may be possible to revoke or amend a trust. Consult with a lawyer to determine the options available to you.
7. How are trust disputes resolved?
Trust disputes can be resolved through negotiation, mediation, or litigation in court. The specific process will depend on the nature of the dispute and the terms of the trust.
8. Are there tax implications of creating a trust?
There may be tax implications associated with creating a trust, such as income tax, gift tax, or estate tax. Consult with a tax professional or lawyer to understand the tax consequences of your trust.
9. Can a trust be used for charitable purposes?
Yes, a trust can be created for charitable purposes, allowing the settlor to support a cause or organization they are passionate about.
10. How can a lawyer help with trusts in Taguig, Philippines?
A lawyer with experience in trusts law can assist with creating, administering, and resolving issues related to trusts, ensuring that your trust complies with local laws and achieves your intended goals.
Additional Resources:
For more information on trusts in Taguig, Philippines, you can consult the Philippine Civil Code, seek guidance from the Integrated Bar of the Philippines, or reach out to a local law firm specializing in trusts law.
Next Steps:
If you require legal assistance with trusts in Taguig, Philippines, consider scheduling a consultation with a trusts lawyer to discuss your specific needs and obtain personalized advice on how to proceed with creating, administering, or resolving issues related to 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.