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Showing 1–24 of 360 articles for “estate”

Intestate Succession and Legitime in the Philippines: Who Inherits

Understand intestate succession in the Philippines, how legitime protects compulsory heirs, and who inherits when there is no will.

Extrajudicial Settlement of Estate in the Philippines: When and How

Learn when you can use extrajudicial settlement of estate in the Philippines, who can file, and the step-by-step process under Philippine law.

Estate Tax in the Philippines: Rate, Deadlines, and How to Settle an Estate

Learn the estate tax Philippines rate, who pays it, and the steps to file and settle a decedent's estate under the TRAIN Law.

Estate Tax in the Philippines: A Practical Guide for Heirs and Beneficiaries

Learn the Philippine estate tax rules: the 6% rate, deductions, filing deadlines, exemptions, and penalties under the TRAIN Law.

Attorney Misconduct in Real Estate Deals: A Case Study in Ethical Duties

A lawyer's three-year suspension for executing multiple deeds of sale shows why ethical duties bind attorneys in personal real estate transactions.

Misclassified Employee or Domestic Worker? Key Lessons from Gaspar v. M.I.Y. Real Estate

The Supreme Court clarifies when a worker is a regular employee versus a domestic worker under Philippine law.

Zealous Representation vs Misconduct: When a Lawyer's Demand Letter Is Not Deceit

A lawyer's demand letter to protect a client's interest in an unsettled estate is not misconduct, the Supreme Court rules.

Heirship Disputes: Why Summary Judgments Fail When Inheritance Rights Are Unclear

Supreme Court explains why summary judgment cannot resolve contested heirship and inheritance rights in estate administration cases.

Indispensable Parties: Why an Estate Administrator Is Not Always Required in Property Disputes

The Supreme Court clarifies when an estate administrator is an indispensable party in property disputes, and the limits of raising new issues on appeal.

When a Missing Estate Administrator Does Not Void a Contract Case: Heirs of Manzano v. Kinsonic

The Supreme Court clarifies when the absence of an estate administrator is not fatal to a contract dispute, distinguishing indispensable from necessary parties.

Heirs Lose Land Claim Over Maysilo Estate After Appeal Dismissed for Procedural Lapses

Supreme Court affirms dismissal of heirs' land claim over Maysilo Estate due to procedural lapses, including belated appeal brief and defective petition.

Forged Signatures and Conjugal Property: Protecting Your Rights in Real Estate Mortgages

A foreclosure case dismissed for lack of jurisdiction teaches homeowners how to challenge defective mortgages and protect conjugal property.

Navigating Appeals in Estate Proceedings: The Necessity of a Record on Appeal

Philippine Supreme Court clarifies that appeals in special proceedings require both a notice of appeal and record on appeal within 30 days.

Mortgage IN BAD Faith Banks Duty OF Diligence IN Real Estate Transactions 2

Upholding Land Sale Agreements: Clear Evidence Needed to Challenge Real Estate Transactions

Philippine Supreme Court ruling on Ortigas land dispute underscores the heavy burden of proving intimidation in challenging real estate sales.

Double Jeopardy and the Limits of Estate Representation in Criminal Appeals

A Supreme Court ruling clarifies when an estate administrator may appeal an acquittal—and why double jeopardy bars such appeals.

Navigating Estate Settlements: Understanding the Limits of Intervention in Probate Proceedings

Learn when courts allow intervention in probate cases, the legal standards applied, and practical tips for protecting estate interests.

Navigating Real Estate Installment Contracts: The Importance of Proper Rescission Under the Maceda Law

Learn how the Supreme Court clarifies rescission rules for real estate installment sales and the rights of buyers under the Maceda Law.

Protecting Marital Property How Spousal Consent Impacts Real Estate Deals IN THE Philippines

Learn how Philippine law treats property sales without spousal consent, and why timing determines whether a deal is void or voidable.

Disbarment for Deceitful Real Estate Dealings Using a Forged SPA

A lawyer who sold property using a forged special power of attorney was disbarred for violating the Code of Professional Responsibility.

Estate vs Trustee: Intestate Courts Cannot Decide Ownership Disputes

Philippine Supreme Court clarifies that intestate courts lack jurisdiction to adjudicate ownership of properties claimed by third parties under adverse title.

Jurisdiction Limits Intestate Courts AND Ownership Disputes IN Estate Proceedings

Attorney's Fees in Estate Proceedings: When Docket Fees Are Not Required

The Supreme Court clarifies when lawyers claiming fees from an estate need not pay separate docket fees, and when certiorari is proper.

Navigating Will Probate: Key Lessons From a Landmark Philippine Supreme Court Case

A Philippine Supreme Court decision on property under custodia legis offers crucial lessons for lawyers and litigants in estate and will probate cases.