Legal Affairs

Donor/settlor intention is relevant when interpreting a trust deed

In a November 2023 judgment the High Court dealt with the principles of interpretation applicable to a trust deed. The question centred around which beneficiaries of the trust were entitled to a capital payment. The donor had since died and her and her late son’s estates were two of the four beneficiaries so entitled according to the applicant. The question whether the two estates were beneficiaries turned on whether the beneficiaries had obtained rights to the capital before their deaths.

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