SA Can Trustee/Beneficiary Give All Proceeds to Himself?

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arthur brogard

Active Member
13 August 2019
we have a discretionary Trust with a Company as Trustee.
The sole director and shareholder of that company is a beneficiary of the trust as are all the member of his family
if the trust document allowed for the trust property to be sold up could this director direct the company as Trustee to sell up and then pay all the proceeds to himself and terminate the trust?

Harry De Elle

Well-Known Member
11 February 2017
yes he can as the trust is discretionary there is no obligation to apply any proceeds to any beneficiary.