The court in Groeschke v Trustee, Groeschke Family Trust and Others 2013 (3) SA 254 (GSJ) had to decide, amongst other things, whether it is possible for a sole trustee of a trust to become the sole beneficiary at the same time.
The facts were:
The court held that:
Thus, a distinction is drawn between the situation where the trust is created ab initio with only one trustee, who is also the sole beneficiary, and the situation where the sole trustee later, after the trust has already been established, becomes the sole beneficiary. The first situation occurred in Land and Agricultural Bank of South Africa v Parker and Others 2005 (2) SA 77 (SCA), in which the court held that no trust had come into existence. The latter situation is what occurred in Groeschke v Trustee, Groeschke Family Trust and Others.
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