Best Trusts Lawyers in Trece Martires 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 Trece Martires City, Philippines:
Trusts are legal arrangements where one party (the settlor) transfers their assets to another party (the trustee) to hold and manage for the benefit of a third party (the beneficiary). In Trece Martires City, Philippines, trusts can be set up for various purposes, including estate planning, asset protection, and charitable activities.
Why You May Need a Lawyer:
You may need a lawyer to help you create a trust, ensure that it complies with local laws, and protect your interests as a settlor, trustee, or beneficiary. A lawyer can also assist you in interpreting complex legal documents, resolving disputes, and navigating the legal system in Trece Martires City, Philippines.
Local Laws Overview:
In Trece Martires City, Philippines, trusts are governed by the Civil Code, as well as other relevant laws and regulations. The key aspects of local laws that are particularly relevant to trusts include the requirements for creating a valid trust, the duties and responsibilities of trustees, and the taxation of trust assets.
Frequently Asked Questions:
1. What is a trust?
A trust is a legal arrangement where one party (the settlor) transfers assets to another party (the trustee) to hold and manage for the benefit of a third party (the beneficiary).
2. How do I create a trust in Trece Martires City, Philippines?
To create a trust in Trece Martires City, Philippines, you need to draft a trust deed specifying the terms and conditions of the trust, appoint a trustee, and transfer assets to the trust.
3. What are the duties of a trustee in a trust?
The duties of a trustee include managing trust assets prudently, acting in the best interests of the beneficiaries, avoiding conflicts of interest, and keeping accurate records of trust transactions.
4. Can I change the terms of a trust?
In some cases, you may be able to amend the terms of a trust with the consent of all parties involved. However, it is important to consult a lawyer to ensure that any changes are legally valid.
5. How are trusts taxed in Trece Martires City, Philippines?
Trusts in Trece Martires City, Philippines are subject to taxation on income derived from trust assets. It is advisable to seek advice from a tax professional to understand the tax implications of setting up a trust.
6. What happens if a trustee breaches their duties?
If a trustee breaches their duties, they may be held liable for any losses suffered by the trust beneficiaries. Legal action can be taken to remove an incompetent or dishonest trustee and recover trust assets.
7. Can I revoke a trust once it has been created?
Depending on the terms of the trust deed, you may be able to revoke a trust or amend its terms. However, it is important to seek legal advice before taking any action to avoid potential legal consequences.
8. How can a lawyer help me with a trust dispute?
A lawyer can assist you in resolving trust disputes through negotiation, mediation, or litigation. They can also provide legal advice on your rights and options under trust law in Trece Martires City, Philippines.
9. Are there any restrictions on who can be a trust beneficiary?
There are generally no restrictions on who can be a trust beneficiary, as long as the beneficiary is capable of receiving the benefits of the trust. However, certain legal requirements and limitations may apply depending on the nature of the trust.
10. How much does it cost to hire a lawyer for trust-related matters?
The cost of hiring a lawyer for trust-related matters in Trece Martires City, Philippines can vary depending on the complexity of the case and the lawyer's experience. It is advisable to discuss the fees and payment terms with the lawyer before engaging their services.
Additional Resources:
For more information on trusts in Trece Martires City, Philippines, you can contact the Philippine Bar Association or the Trust Officers Association of the Philippines. You can also visit the website of the Securities and Exchange Commission for relevant regulations and guidelines on trusts.
Next Steps:
If you require legal assistance in setting up a trust, managing trust assets, or resolving trust disputes in Trece Martires City, Philippines, it is recommended to consult a qualified trust lawyer who is knowledgeable about local laws and regulations. You can schedule a consultation to discuss your legal needs and explore your options for protecting your interests through a trust arrangement.
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.