A father who has a tumultuous relationship with his son went to the Limpopo High Court in Polokwane to remove him as a beneficiary from the family trust.

The father established the trust in June 2016, and his son held half of the benefit.

According to court documents, the son assaulted the father on various occasions and due to these assaults, the father suffered serious injuries to the extent he obtained a protection order against his son.

Due to the severed relationship, the father sought to remove his son as a beneficiary and add his son’s two children.

In court, the father argued for an amendment to the trust based on the principle of revoking donations due to gross ingratitude. The father contended that his son’s aggressive behaviour warranted the removal of his beneficiary status, proposing instead to add his son’s two children as beneficiaries.

However, his son argued that his father’s donation was to the trustees and not him alone and therefore the common law principle of gross ingratitude does not apply.

He further argued if the principle of gross ingratitude did apply, the gross ingratitude commenced prior to the founding of the Trust and therefore his father’s argument should not be taken into consideration.

Acting judge Suné du Plessis presided over the matter and said the father had sufficient grounds of revocation as there’s evidence that the donee has acted with gross ingratitude towards the donor.

The judge said the son had physically attacked his father on more than one occasion, and there was an incident where he tried to end his father’s life.

“The first respondent’s (son) conduct did not stop after the physical attacks on the applicant (father), but it has escalated into criminal acts which occurred regularly after the donation was made by the applicant,” added the judge.

Furthermore, judge du Plessis said the son’s habitual criminal conduct will be taken into consideration as it also constitutes gross ingratitude and has extensive negative repercussions for the father.

“By virtue of the fact that gross ingratitude finds application, the applicant (father) is entitled to revoke his donation to the trust as well as his donation of appointing the first defendant (son) as a beneficiary to the trust,” ruled the judge.

As a result of the ruling, the master of the high court has been ordered to amend the trust, effectively removing the son as a beneficiary and replacing him with his children.

sinenhlanhla.masilela@iol.co.za

IOL News

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