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The Directorate General for Legal Certainty and Public Faith has ruled on an appeal against a registrar's refusal to register a deed terminating a residuary trust following the death of the fiduciary. The dispute centred on the interpretation of the fiduciary's power of disposal and the nature of the adjudication of property in joint ownership (Facts I). The ruling analyses the doctrine regarding whether the power to dispose of assets gratuitously must be expressly stated in residuary trusts.
For heirs or beneficiaries of residuary trusts, the ruling highlights the importance of drafting testamentary clauses, particularly concerning the power of gratuitous disposal (Facts II). Legal professionals should note that a lack of express provision regarding gratuitous acts of disposal may limit the fiduciary's capacity and affect the subsequent transfer of assets (Facts II).
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