I.   Introductory Provisions

Capacity is one of the eight standard characteristics required of a Trustee being the the legal authority, status, qualifications and abilities of a person to hold and perform in such office, including demonstrating all the previous necessary standard characteristics.

Under the character of Capacity, a Fiduciary is forbidden to act:

(i) If they are forbidden to act under any of the characteristics of Integrity, Frugality, Prudence, Humility, Faculty, Competence or Accountability; or

(ii) If they do not hold the legal and moral authority to occupy such Office.

A person claiming or holding or occupying the office or position of Trustee that is without Capacity is a Trustee de son tort and therefore fully liable but without any legal or moral authority and any and all acts are null and void from the beginning, having no force or effect.

A person found to be a Trustee de son tort may not then be argued by any reasonable or sensible law to be restored or appointed or argued as an actual trustee of any valid trust by their actions. Therefore, any legal argument that claims a Trustee de son tort may be made or restored or appointed or argued the trustee of some form of valid trust is an injury against the law and null and void from the beginning, having no force or effect.

An act that is null and void from the beginning because the person who performed such act was found to be without Capacity cannot then give rise to a legitimate act. Nor may any artificial limitation of time be applied whereby an act done without Capacity becomes valid over time.