Trusts – a separation of power

Corporate trusteesThe core idea of the trust is the separation of ownership (or control) from the enjoyment. Though a trustee can also be a beneficiary, the central notion is that the person entrusted with control exercises it on behalf of and in the interests of another. This is why the sole trustee cannot also be the sole beneficiary: such a situation would embody an identity of interests that is inimical to the trust idea, and no trust would come into existence.

In recent cases however, a tendency has developed where trust instruments do not separate powers as intended by the trust idea. This often results in the trust being declared invalid and assets forming part of the founders estate, instead of vesting in the trustee (s) for the benefit of the beneficiary (ies).

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