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CaseLaw
CaseLaw, Attorney
Category: South Africa Law
Satisfied Customers: 1291
Experience:  BCom; LLB; Masters in Law
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My father has recently died. As part of s will he has a

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Hello my father has recently died. As part of his will he has a trust set up which has R2 million in assets. There are 6 beneficiaries who will receive a settlement when the trust is finalised. One of the beneficiaries prior to his death was paid R1.75 million. The will states that this beneficiary cannot benefit anymore from the trust until such times as the other 5 have have also received R1.75 million. Obviously the trust does not have sufficient funds to eventually pay out R8.75 million. Do we have acase to insist that the single beneficiary immediately pays the trust back R1.75 million and when the appropriate time is reached the trust funds of R3.75 million will be divided 6 wys.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  CaseLaw replied 1 year ago.

Hi there and thank you for your question,

Unfortunately no, you don't have an automatic case to claim back a portion of the R1.75m previously paid to the other beneficiary - UNLESS the Will specifically states that you can.

In your example the Will says that that beneficiary cannot benefit anymore from the trust until such times as the other 5 have have also received R1.75 million. It is quite clear, and so is the intention of the Testator.

My suggestion is that you follow the wording of the Will (which the Master of the High Court will ensure that you do so) and once the trust is finalised each of the remaining 5 beneficiaries share in the proceeds remaining in the trust.

Unfortunately that beneficiary has scored big time, and you 5 will probably walk away with R400,000.00 each.

Remember, the intention of the testator is paramount. If the Will is clear, then NO Court will decide otherwise!

I know that this is not the answer that you are looking for, but it is correct.

If my answer hasn't answered all of your questions, please send me a REPLY with follow up questions so that I can continue to assist you in this same thread for as long as you need. Let me know if you need more advice - don't just rate my answer as "bad".

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Good luck and best regards,

CaseLaw

Please note: This answer does not create an attorney-client relationship. Please consult a local attorney in person for legal advice. This information is being provided so you can better discuss legal matters with your attorney.

Expert:  CaseLaw replied 1 year ago.
Hi there again,
I hope that you understood the above advice and that it was useful? Please leave positive feedback for me.
If you have a further question please ask it?
Regards
CaseLaw