David Wilkinson v Georgina Elizabeth Crawford N.O
The Trust Deed, properly interpreted in context, excludes adopted children. That exclusion differentiates on the basis of birth or adoptive status and constitutes unfair discrimination, which is contrary to public policy and therefore unenforceable. The words in issue must accordingly be treated as pro non scripto so that the applicants’ adopted children qualify as capital beneficiaries.
Source excerpt
- Interpretation of trust deed
- Freedom of testation
- Unfair discrimination against adopted children
- Public policy
- Section 13 of the trust property control act