FBE2604
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 2025
, Assignment 2 2025
Honesty Declaration
I, ______________________ , student number _______________ , declare that:
1. I understand what plagiarism is and am aware of the University’s policy in this
regard.
2. This assignment is my own original work.
3. Where other people’s work has been used (either from a printed source, the
internet, or any other source), this has been properly acknowledged and
referenced.
4. I have not submitted this work, or any part of it, for assessment in any other
module.
5. I have kept a copy of my assignment for my own use.
Signature: ____________________
Date: ____________________
Question 1
1.1 Legality of Tshepo’s intended action
In South African law, a beneficiary’s interest in a trust can either be vested or
contingent. Where the trust deed is silent, the common law applies. If Tshepo’s interest
is vested (meaning he has a fixed, transferable right to the trust benefits), it is generally
capable of being sold or ceded to a third party such as Zwane (Crookes v Watson 1956
(1) SA 277 (A)). However, the trustee’s consent may be required if the transfer affects
trust administration. If Tshepo’s interest is contingent (dependent on certain conditions),
it may not be transferable until it vests (Braun v Blann and Botha NNO 1984 (2) SA 850
(A)).
ASSIGNMENT 2 SEMESTER 2 2025
UNIQUE NO.
DUE DATE: 2025
, Assignment 2 2025
Honesty Declaration
I, ______________________ , student number _______________ , declare that:
1. I understand what plagiarism is and am aware of the University’s policy in this
regard.
2. This assignment is my own original work.
3. Where other people’s work has been used (either from a printed source, the
internet, or any other source), this has been properly acknowledged and
referenced.
4. I have not submitted this work, or any part of it, for assessment in any other
module.
5. I have kept a copy of my assignment for my own use.
Signature: ____________________
Date: ____________________
Question 1
1.1 Legality of Tshepo’s intended action
In South African law, a beneficiary’s interest in a trust can either be vested or
contingent. Where the trust deed is silent, the common law applies. If Tshepo’s interest
is vested (meaning he has a fixed, transferable right to the trust benefits), it is generally
capable of being sold or ceded to a third party such as Zwane (Crookes v Watson 1956
(1) SA 277 (A)). However, the trustee’s consent may be required if the transfer affects
trust administration. If Tshepo’s interest is contingent (dependent on certain conditions),
it may not be transferable until it vests (Braun v Blann and Botha NNO 1984 (2) SA 850
(A)).
