Adopted children should benefit from grandfather's trust fund, ConCourt rules

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The Constitutional Court has ruled that a trust created by a donor for the benefit of his children and their descendants unfairly discriminated against children adopted by one of his daughters as it did not include them.

The high court said Druiff failed to explicitly include the adopted children as required by the Children’s Act and therefore they could not inherit.

Harper’s adopted children then approached the apex court seeking leave to appeal against the SCA ruling. The applicants called on the court to consider the question of unfair discrimination against adopted children and the role of public policy when giving effect to private trusts.

 

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