Adopted children should benefit from grandfather's trust fund, ConCourt rules

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South Africa Headlines News

The Constitutional Court has ruled that a trust created by a donor for the benefit of his children and their descendants unfairly discriminated against children adopted by one of his daughters as it did not include them.

Louis John Druiff executed a deed of trust as well as a will “for the benefit of his children and their descendants”.At the time of execution of the deed‚ Druiff had four children‚ three of whom already had children of their own.

When she realised that her children would not benefit from the trust, Harper approached the Cape Town high court seeking a ruling that the words “children”, “descendants”, “issue”, and “legal descendants” in the trust deed included them, notwithstanding that they were adopted. Harper’s adopted children then approached the apex court seeking leave to appeal against the SCA ruling.

 

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