Best Trusts Lawyers in Zamboanga City

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List of the best lawyers in Zamboanga City, Philippines

Panganiban Law Office

15 minutes Free Consultation

Zamboanga City, Philippines

Founded in 2014

9 people in their team

English

Trusted Law Firm in Metro Manila - Panganiban & Arisgado Law OfficeAt Panganiban & Arisgado Law Office, we are more than just legal practitioners-we are your partners in navigating the complexities of law. Since our founding in 2014 by Atty. Haydee Gretchen G. Panganiban, our firm has built...

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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.

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About Trusts Law in Zamboanga City, Philippines:

Trusts in Zamboanga City, Philippines, are legal arrangements where a person (the settlor) transfers assets to another person or entity (the trustee) to hold and manage for the benefit of a third party (the beneficiary). Trusts can be useful for estate planning, asset protection, charitable purposes, and more.

Why You May Need a Lawyer:

You may need a lawyer in Zamboanga City, Philippines, for Trusts-related issues such as creating a trust, interpreting trust documents, resolving disputes among beneficiaries or trustees, and ensuring compliance with local laws and regulations.

Local Laws Overview:

Key aspects of local laws in Zamboanga City, Philippines, related to Trusts include the Trust Property Act, which governs the creation and administration of trusts, and the Civil Code, which provides general rules on contracts and obligations.

Frequently Asked Questions:

1. What are the different types of trusts available in Zamboanga City, Philippines?

Common types of trusts include revocable trusts, irrevocable trusts, charitable trusts, and special needs trusts.

2. How do I create a trust in Zamboanga City, Philippines?

To create a trust, you need to draft a trust document specifying the terms of the trust, appoint a trustee, and transfer assets to the trust.

3. Can I change the terms of a trust in Zamboanga City, Philippines?

It depends on the type of trust. Revocable trusts generally allow modifications, while irrevocable trusts have more rigid terms.

4. What are the duties of a trustee in Zamboanga City, Philippines?

Trustees have fiduciary duties to act in the best interests of the beneficiaries, manage the trust property prudently, and keep accurate records.

5. How are trusts taxed in Zamboanga City, Philippines?

Income generated by trusts is generally subject to taxation, but the tax implications may vary depending on the type of trust and the nature of the income.

6. Can a trust be contested in Zamboanga City, Philippines?

Yes, beneficiaries or interested parties can contest a trust on grounds such as incapacity, undue influence, or fraud.

7. What happens if a trustee breaches their duties in Zamboanga City, Philippines?

If a trustee breaches their duties, they may be held liable for damages, removed from their position, or face legal consequences.

8. How can I find a trustworthy trust lawyer in Zamboanga City, Philippines?

You can ask for recommendations from trusted sources, research online, and schedule consultations with potential lawyers to assess their expertise and experience in trusts law.

9. Are there any specific requirements for creating a charitable trust in Zamboanga City, Philippines?

Charitable trusts must be created for a valid charitable purpose and comply with legal requirements for charitable organizations set forth by the government.

10. Can I set up a trust for my minor children in Zamboanga City, Philippines?

Yes, you can create a trust to manage assets for your minor children, specifying when and how the assets will be distributed to them in the future.

Additional Resources:

For more information on trusts in Zamboanga City, Philippines, you can contact the Integrated Bar of the Philippines, Zamboanga City Chapter, or seek guidance from the Philippine Bar Association.

Next Steps:

If you require legal assistance with trusts in Zamboanga City, Philippines, consider consulting with a reputable trust lawyer who can provide personalized advice and guidance based on your specific circumstances and goals.

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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.