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 […]
Navigating the amendments to the Trust Property Control Act: Beneficial ownerships in South Africa
The Trust Property Control Act, a key piece of legislation governing South Africa’s trusts, recently underwent a substantial transformation with the passage of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act. This regulatory overhaul was aimed at strengthening the country’s trust governance, a direct response to its greylisting status, and has significant […]
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 […]