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 […]
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 […]
CAN TRUSTEES BAN YOUR PET IN A SECTIONAL TITLE SCHEME?
Problems around the ownership of pets are common amongst owners of sectional title properties, but while laws may be imposed by the trustees of the homeowners’ associations, the requirement for a reasonable approach is entrenched in the very laws which govern how a sectional title scheme should be managed. Where the trustees have reasonably, after […]
THE ADVANTAGES AND DISADVANTAGES OF TRUSTS
Trusts have various advantages, but unfortunately, there are also disadvantages. Although this is not a complete synopsis of all the pros and cons, it gives a general overview of what’s involved. Advantages: Growth taking place in the Trust assets settles in the Trust and not in your personal estate. By selling the assets to the […]