Trusts

Sierra Leone — Court of Appeal · 1962

Principle established: An executrix de son tort who assumes control over estate realty with full knowledge of testamentary devises holds the property as a constructive trustee for the named devisees.

Sierra Leone — Court of Appeal · 1962

Principle established: An intermeddling executor de son tort who possesses estate property with knowledge of the will holds that property on trust for the beneficiaries entitled under the devise.

Sierra Leone — African Law Reports · 1950-56

Principle established: A trust is not legally charitable unless it confers a public benefit, and a gift providing travel and maintenance expenses exclusively for members of the testator's family is void.

Sierra Leone — Supreme Court · 1961

Principle established: An executrix who holds property as a trustee cannot rely on the Statute of Limitations and remains bound to account to the beneficiaries for estate property.

Zimbabwe · 2022

Principle established: In dividing matrimonial property upon divorce, courts consider the direct and indirect contributions of both spouses and may award shares based on the equitable distribution of assets held in trust.

Sierra Leone — Court of Appeal · 1961

Principle established: A lease executed by a tenant for life that departs from statutory provisions may be confirmed with necessary variations to bring it into conformity with the Settled Land Act.

Sierra Leone — African Law Reports · 1964-66

Principle established: Any individual beneficiary under a trust may sue personally to challenge the validity of a trustee's breach of trust without bringing the action in a representative capacity.

Sierra Leone — Supreme Court · 1966

Principle established: A beneficiary of a trust can sue in his personal capacity to challenge the validity of a trustee's breach of trust without needing to represent other beneficiaries.

South Africa · 2022

Principle established: A trustee may be removed by the court if they fail to act in the best interests of the beneficiaries or if their conduct jeopardizes the proper administration of the trust.