Lenette Janse De Wit and Others v Toerien De Wit N O and Others (607/2024) [2026] ZASCA 23 (6 March 2026)
De Wit Family Trust Case (ZASCA, March 2026)
Background
The De Wit Family Trust was established in 1995 by Elbert De Wit Snr as a discretionary trust, holding all shares in the De Wit Group (significant property and business interests). Before his death in 2019, Elbert Snr verbally expressed a wish for trust capital to be shared equally among beneficiaries — but without liquidating assets or disrupting the businesses.
The Dispute
After his death, the family split. Some beneficiaries (Lenette and Maryke) wanted the trustees to set a vesting date and distribute assets. The majority trustees (Toerien and Philip) refused, citing the trust’s limited liquidity. The dissenting parties applied to the Western Cape High Court to terminate the trust under section 13 of the Trust Property Control Act 57 of 1988.
The Courts’ Findings
The High Court acknowledged a family breakdown had occurred but found no proven causal link between the trust provisions and harm to the beneficiaries, so it dismissed the application. The Supreme Court of Appeal upheld this dismissal, with a key finding: the founder’s intention must be determined from the trust deed itself, not from verbal wishes expressed informally. The trust deed explicitly gave trustees wide discretionary powers, including the right to continue the trust indefinitely — and the majority trustees were acting entirely within those powers.
Key Takeaways for Practitioners
- A founder’s verbal wishes carry no legal weight if they contradict the trust deed
- Any deviation from the trust deed requires a formal amendment
- Trust drafters should plan carefully for liquidity within the trust structure
Source of information: FISA Focus Weekly