Kohlberg v Burnett and Others (422/84)
Kohlberg v Burnett and Others (422/84) [1986] ZASCA 32; [1986] 2 All SA 283 (A) (26 March 1986)
The court held that clause 3 of the will constitutes a valid bequest to the trustees of the two named trusts, who are legally entitled to receive and administer the assets for the benefit of the trust beneficiaries. The fact that the trusts are not legal persons does not invalidate the bequest, as trustees act in their representative capacity. The beneficiaries under the trusts derive their rights from the trust deeds, not directly from the will. The will does not need to set out the terms and conditions of the trusts or identify the beneficiaries, provided the trustees are properly appointed…
Source excerpt
- Testamentary Disposition
- Trust Bequest
- Incorporation By Reference
- Intestate Succession