SEMINAR 4:

THE BENEFICIARY PRINCIPLE: NON-CHARITABLE PURPOSE TRUSTS

Please use case law to prove your point

1. Apply your legal knowledge and understanding on these topics to different scenario. USE CASE LAW TO HELP PLEASE DONT DO THE QUESTION WITHOUT CASE LAW I KEEP ASKING

Essential Reading:

G. Watt, Trusts & Equity,pp. 104-119

OR

G. Virgo, The Principles of Equity & Trusts chapter 5

AND

S. Baughen, 'Performing animals and the dissolution of unincorporated associations: the "contract-holding theory" vindicated', Conv. (2010) 216

M. Pawlowski and J. Summers, 'Private purpose trusts - a reform proposal', Conv. (2007) 440-455

While walking to work one day, Rassie began to think about all that he had accomplished in his long life and all of the property that he had accumulated along the way. Rather than leave it to his friends and family in his will he decided to dispose of it now so that he could see them enjoy the fruits of his labour.

When he arrived at his office Rassie decided to transfer his beach house to his daughter, Miriam, as he no longer used it.He therefore executed a deed of transfer and filled out the necessary documents in her favour. He placed the documents into an envelope and sent them to Miriam's house. The next day the documents arrived at Miriam's house and were signed for by her housekeeper. The documents have yet to be sent away for registration.

Rassie also owned 100,000 shares in Invictus Limited.He emailed his financial adviser, Lood, telling him that he wished Lood to act as trustee of 5% of these shares for relatives of his friend Siya in whatever proportions that Lood thought appropriate. Lood agreed and asked Rassie to send him the relevant documents. Rassie failed to deliver these documents to Lood.

Rassie then decided to give his collection of antique rugby trophies to Siya. Rassie rang Siya and told him, with a smile, 'You will be receiving a little something in the next few days that I think you will enjoy!' Unfortunately Rassie never delivered the trophies to Siya.

Rassie's business associate, Bongi, was holding 50 gold bars on trust for Rassie. That night at dinner Rassie asked Bongi to transfer the bars to Miriam's son, William.

Feeling good about his dispositions, Rassie then validly executed a new will. As a final gesture of generosity he included a provision in the will allowing his friends to each choose any one of his law books from his library.

Rassie was also very concerned that his pet rat, Scabbers, would be looked after should he die. He included a provision in his will that "50,000 be held in trust for the maintenance of Scabbers, so that he can live out the rest of his days in luxury. The trust is to continue for the animal's' lifetime, but in no event longer than 100 years."

The residue of his estate he bequeathed to his niece, Lyudmila. He named Lood as his executor.

Sadly, during the night, Rassie unexpectedly passed away.

Advise Lood as to the entitlement to Rassie's property.