RECENT NEWS
“Interpreting Intent” – Letters of Wishes in Discretionary Trusts
This article argues that while letters of wishes are technically non-binding documents, they play a crucial practical role in how trusts are administered over time. The Core Problem Discretionary trust deeds are legally precise but often use broad language (e.g.,...
Can You Be Evicted Without a Court Order in South Africa?
Eviction law is one of the most carefully regulated areas of our legal system – striking a constitutional balance between a property owner’s rights and an occupier’s right to adequate housing. Whether you’re a landlord or a tenant, understanding how this process works...
AND THEN CAME THE WAR
AND THEN CAME THE WAR 2026 was predicted to be a great year. Globally, oil prices were low, inflation was under control, interest rates had further to fall, growth was edging upwards and equity markets were appreciating accordingly. The world was in a good space. 19...
The intention of a founder of a trust is primarily to be found in the trust deed itself and not in the mere expression of verbal wishes.
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...
Clarification of the joint action rule for trusts
March 1st, 2026 Shepstone and Wylie Attorneys v De Witt NO and Others 2025 (11) BCLR 1299 (CC) By Sandile Khumalo On 1 August 2025, the Constitutional Court in Shepstone and Wylie Attorneys v De Witt NO and Others 2025 (11) BCLR 1299 (CC), provided much needed...
Final, unchallengeable verdict on the number of trustees required to sign resolutions
The courts recently caused significant uncertainty and anxiety regarding trustee decision-making. Since 2023, they have fluctuated between requiring all trustees to approve and sign trustee resolutions for transactions with third parties and recognising that a trust...
Trustees should move now to avoid administrative penalties
Trustees should move now to avoid administrative penalties. While the South African Revenue Service (SARS) has gradually introduced administrative penalties for late or non-submission of tax returns, starting with individuals and later extending to companies, trustees...
Justice Minister witnesses Master’s Office issues
Justice Minister Mmamoloko Kubayi experienced first-hand some of the challenges faced in gaining access to court and other legal services, when, along with Deputy Minister Andries Nel and DG Doctor Mashabane, she visited the Johannesburg Master’s Office and the...
Grandmother wins right to contact grandchildren
Facing an appeal by a father against a lower court order that his two sons’ grandmother may have contact with them, Eastern Cape High Court (Makanda) Judge JW Eksteen remarked that ‘grandparents, like heroes, are as necessary to a child’s growth as vitamins.’ The Star...