Question
Sarah is an extremely generous person. Her son, James, is turning 21 and she believes that it is only fair that she gives him her
Sarah is an extremely generous person. Her son, James, is turning 21 and she believes that
it is only fair that she gives him her car as a birthday present. The car is a 5-year-old BMW 1
series. She is happy to purchase another vehicle for herself on instalments as things are
going really well at work. Unfortunately, four months later Sarah is retrenched and as a
result she applies for voluntary sequestration of her estate. Mark is appointed as the
trustee of the estate. Mark contacts James and asks him to return the vehicle to the
insolvent estate. James refuses, as it was his birthday present.
Advise on whether James will be required to return the vehicle. (20)
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