0099 Administer property without right

02 Sep, 2024

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Names and contact information have been changed.

Ref: 19841103 BT01 0099

1st Trustee and 2nd Trustee

The Bible consistently upholds the principle of respecting others’ property rights and correcting past wrongs through restoration.

Luke 12:48 highlights accountability stating that when you have been entrusted with much, even more is required from you.

Luke 16:10-12 explains that you are called to be trustworthy and diligent in handling other people’s property as a reflection of your character and faithfulness to God.

The eighth commandment, Exodus 20:15, directly forbids the unlawful taking of another’s property.

The tenth commandment, Exodus 20:17, reinforces the sanctity of personal property. It forbids not just the act of stealing, but even the desire to wrongfully acquire that which belongs to another.

These commandments promote respect for others’ property.

Proverbs 11:1 warns against dishonesty and states that using unfair or deceptive practices when administering property is an abomination to God.

Leviticus 6:2-5 outlines the process to restore property entrusted to you that you’ve wrongfully taken or administered without right; requiring you to restore in full plus 20% thereof.

Proverbs 6:30-31 explains that when the original property cannot be restored, you are to restore sevenfold.

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, as per 21.45 Equity and Trusts in Australia, and Proverbs 6:30-31.

Do you really believe that?

Luke 12:48
48. But he that knew not, and did commit things worthy of stripes, shall be beaten with few stripes. For unto whomsoever much is given, of him shall be much required: and to whom men have committed much, of him they will ask the more.

Luke 16:10-12
10. He that is faithful in that which is least is faithful also in much: and he that is unjust in the least is unjust also in much.
11. If therefore ye have not been faithful in the unrighteous mammon, who will commit to your trust the true [riches]?
12. And if ye have not been faithful in that which is another man's, who shall give you that which is your own?

Exodus 20:15
15. Thou shalt not steal.

Exodus 20:17
17. Thou shalt not covet thy neighbour’s house, thou shalt not covet thy neighbour’s wife, nor his manservant, nor his maidservant, nor his ox, nor his ass, nor any thing that is thy neighbour’s.

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

Leviticus 6:2-5
2. If a soul sin, and commit a trespass against the LORD, and lie unto his neighbour in that which was delivered him to keep, or in fellowship, or in a thing taken away by violence, or hath deceived his neighbour;
3. Or have found that which was lost, and lieth concerning it, and sweareth falsely; in any of all these that a man doeth, sinning therein:
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.

Exodus 22:2-3
2. If a thief be found breaking up, and be smitten that he die, [there shall] no blood [be shed] for him.
3. If the sun be risen upon him, [there shall be] blood [shed] for him; [for] he should make full restitution; if he have nothing, then he shall be sold for his theft.

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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