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Meenakshi Vijayanand (Advocate / Law Firm)     27 June 2009

Creation of Trust

X is the absolute owner of the property. X is a christian. X & his wife Y do not have children. X   & Y brought up Z as his adopted son. X executes a Will (unregistered) and expressed his willingness to creat a Trust  (in a particular name and purpose) where he stated that the property must be used for the purpose of the Trust. Z can only have benefits from and out of the Trust for his subsistence alone. In that Will X appointed his friend 'A' as the executor of the Will. The property situates within Chennai City, where the Will needs Probate.  X died. 'A' did not applied for probate. Y died subsequently 'A' also died. 

Now Z who claims himself to be the adopted son of X, sell the property to B. Whether the christian law allows adoption ? whether Z is entitled for inheritence of X's property?

Now, the Will has been handed over to a church where X attached to.

No family member of the executor appointed in the Will is ready to proceed  with the Will ?

What is the status of the Will now?

Whether the Church can directly apply for letter of administration before the High Court? 

Whether the church can directly  dispute the title of  'B' and authority of Z to transfer the property in the name of  'B'?

Due to the fact, that through the Will itself  X expressed his willingness to create a Will in a 'particular name and purpose' ? whether the willingness alone can be treated as creation of Trust by Will or any formal formation of Will by the church is need to proceed further ?




 1 Replies

A V Vishal (Advocate)     27 June 2009

Dear Madam

There are lot of legal hurdles going by your query.

Point 1: Christianity doesnot recognise adoption, however it is not clear the mode of adoption by X & Y.

Point 2: The spouse and the executore are both dead.

Point 3: The testator was eager and willing to create a trust, but it not clear whether the said trust was created or not.

Point 4: If the trust was created then who are the trustees, in case, the trust was formed then the trustees can file a suit in the court on basis of the will.The close relations to X & Y can also apply to court.

Point 5: The church cannot approach the court.

Point 6: The trust cannot be created now for want of settlor, in this case the executor of the will who is dead.

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