Three Trustees, One Dispute: How Deadlock Works in a South African Trust
South African trusts are commonly structured with three trustees. This is often done deliberately: a family member, a professional, and an independent trustee, each bringing different interests and expertise to the table. In theory, three voices provide balance. In practice, three voices can produce an impasse. When trustees disagree and cannot reach a decision, the […]
HOW TO DEREGISTER OR TERMINATE A TRUST
There is no provision in the Trust Property Control Act, 1988 that requires the deregistration of trusts. However, this said, it does not mean that a trust can never be terminated, as there are a few events that can occur during the lifetime of the founder, the trustees or the beneficiaries. When considering the termination […]
TRUST LITIGATION: WHO DECIDES WHAT?
This article deals with the questions of who can institute litigation on behalf of a trust, as well as with the question of how jurisdiction is determined with regards to trusts. Who can institute a claim? A trust is not a legal person and cannot litigate in its own name. The trustees play a vital […]