0097 Property held in trust

02 Aug, 2024

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Names and contact information have been changed.

Ref: 19841103 BT01 0097

1st Trustee and 2nd Trustee

Your act of accepting the packaged, wrapped and carded gifts from each guest on the Bride and Groom’s behalf, is interpreted as your acceptance of trusteeship, as per [21.90] Equity and Trusts in Australia.

Trust Property

When dealing with property held in trust by trustees it is imperative to establish a clear meeting of minds to support any claims of ownership or possession. Without such evidence, actions that may seem innocuous, like unwrapping a gift, lead to allegations of theft.

This is explained in 1 Corinthians 4:2 with the clear instruction that a steward must be found faithful. When property is held in trust, the trustees are required to fulfill the intent of the settlors, as per [22.15] Equity and Trusts in Australia.

Meeting of Minds in Property Ownership

The act of removing the wrapping from a gift signifies a claim of ownership over the item. When it comes to property held in trust, a claim requires evidence of a meeting of minds between the property owners and the individual who removed the wrapping. Without such evidence, the action is an unauthorised claim over someone else’s property, that is theft.

In Exodus 20:15 you are commanded to not steal, and Proverbs 11:1 declares that a false balance is abomination to the LORD. Therefore, you are to keep and give a true account.

Establishing a Claim

To establish a claim over property held in trust, it is essential to demonstrate clear and explicit consent or agreement from the settlors. This can be achieved through various means, such as written documentation, verbal confirmation witnessed by others, or any other form of communication that unequivocally shows the intent to transfer ownership of the property to you.

Philippians 2:3-4 explains you are to prefer others and their interests before your own. This upholds the requirement to establish a claim prior to taking any action, such as unwrapping a gift.

Avoiding Unauthorised Claims

In situations where there is ambiguity regarding ownership or consent, it is crucial to refrain from assuming ownership or making claims over property that is not rightfully yours. Failing to provide evidence of a valid agreement with the settlors may lead to lawful implications and accusations of theft or misappropriation.

In Exodus 20:15 and Colossians 3:9 you are commanded to not make false claims, for as Proverbs 19:5 warns, a liar and a false witness shall not escape punishment.

Do that which is lawful and right

1. Repent toward your agreement with each guest and fulfil your obligations to close each of their trusts:

   • transfer title to the Bride and Groom, that is the cards; and
   • hand over the wrapped and packaged gifts to the Bride and Groom.

   You are duty-bound to give effect to the guests’ intent, as per [22.15] Equity and Trusts in Australia, and Leviticus 6:2-5.

   As you have not fulfilled the guests’ intent, it appears you are unable to ascertain that the gifts are for the Bride and Groom, thus you are required to return each gift to the owner of the property, that is each guest, or their estate, as per [17.95] Equity and Trusts in Australia.

2. Repent toward your agreement with the Bride and Groom and fulfil your obligation to close their trust:

   • transfer title to the Bride and Groom, that is the cards, and
   • hand over the wrapped and packaged gifts to the Bride and Groom.

   Your duty is to convey the property to the Bride and Groom as directed, thus when you are unable to transfer title and hand over the wrapped and packaged gifts to them, then restore to the Bride and Groom sevenfold of each gift, Invoice 19841103 BT01 0103 attached, as per [21.45] Equity and Trusts in Australia, and Proverbs 6:30-31.

Do you really believe that?

1 Corinthians 4:2
2. Moreover it is required in stewards, that a man be found faithful.

Exodus 20:15-16
15. Thou shalt not steal.
16. Thou shalt not bear false witness against thy neighbour.

Proverbs 11:1
1. A false balance is abomination to the LORD: but a just weight is his delight.

Philippians 2:3-4
3. [Let] nothing [be done] through strife or vainglory; but in lowliness of mind let each esteem other better than themselves.
4. Look not every man on his own things, but every man also on the things of others.

Colossians 3:9
9. Lie not one to another, seeing that ye have put off the old man with his deeds;

Proverbs 19:5
5. A false witness shall not be unpunished, and he that speaketh lies shall not escape.

Leviticus 6:4-5
4. Then it shall be, because he hath sinned, and is guilty, that he shall restore that which he took violently away, or the thing which he hath deceitfully gotten, or that which was delivered him to keep, or the lost thing which he found,
5. Or all that about which he hath sworn falsely; he shall even restore it in the principal, and shall add the fifth part more thereto, [and] give it unto him to whom it appertaineth, in the day of his trespass offering.

Proverbs 6:30-31
30. [Men] do not despise a thief, if he steal to satisfy his soul when he is hungry;
31. But [if] he be found, he shall restore sevenfold; he shall give all the substance of his house.

The honourable response is to fulfil the intents and purposes of the guests. That is, the Bride and Groom read their cards, unwrap and open their gifts. It is unconscionable to withhold the Bride and Groom’s wedding gifts.

Bride

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Sources

Equity and Trusts in Australia
G E Dal Pont
Professor, Faculty of Law, University of Tasmania
SEVENTH EDITION

[22.15] Fundamental duty to obey the terms of the trust
“A trustee’s plainest and overriding duty is to obey the terms of the trust. This is because a trustee is duty-bound to give effect to the settlor’s intention as expressed in the trust instrument, irrespective of how seemingly insignificant its terms may appear. The duty of obedience qualifies virtually every other duty of a trustee.”

[17.95] CERTAINTY OF OBJECT, “Beneficiary principle”
“The “beneficiary principle” requires that a trust be in favour of definite beneficiaries, ascertained or capable of ascertainment,…” “A trust that does not fulfil certainty of object fails to take effect, and the intended trustee holds the property in question on resulting trust for the settlor (or the settlor’s estate):….”

[21.45] Bare trustees
“A “bare” trustee holds property in trust for the absolute benefit and at the absolute disposal of beneficiaries of full age and capacity in respect of that property, but has no interest in that property other than by reason of legal title as trustee, and no (further) duty to perform except to convey the property on demand to the beneficiaries or as directed by them.⁴⁵”

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