Chancery

Property held in trust

The act of accepting property from someone on another’s behalf, is interpreted as 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 opening a package, 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 opening a package 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 opened the package. 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 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 opening a package.

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 20:16 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.

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Scriptures

Exodus 20:15
15. Thou shalt not steal.

Exodus 20:16
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.

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

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

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;

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