RECENT NEWS
Market Movements
Source: FNB Securities The JSE edged further down on Thursday, inline with its global peers, as sentiment in the market turned on fears that geopolitical tensions in Eastern Europe could result in war.
CAN TRUSTEES RELY ON THE “MAJORITY RULE” TO MAKE DECISIONS?
Often trustees rely on the majority decision in trust instruments to make decisions. This is often done to deliberately exclude one or more trustees from decision making. The Courts have, however, in many cases, confirmed the ‘Joint Action Rule’, whereby trustees are...
Minister gets inside view of Master’s Office problems
Deputy Justice Minister John Jeffery has seen for himself the poor service the public and law practitioners have to put up with after making a surprise visit to the Master’s Office in Pretoria on Friday, reports Legalbrief. The inspection follows a previously...
Workplace: Landmark vaccination ruling backs employer
News of this week’s landmark CCMA ruling that the dismissal of an employee for refusing to be vaccinated against Covid-19 was fair has upped the stakes on workplace vaccination policies. The commission ruled that she could be dismissed because she had ‘refused to...
Master’s Offices making headway on backlogs – Justice department
The government has claimed that backlogs at the country’s 15 Master’s Offices have been ‘reduced significantly’, with progress having been made in stabilising the IT systems to deal with the caseload, which increased dramatically during the various stages of lockdown...
The markets have experienced some big bumps over the last few days due to concerns over tightening US Federal Reserve Bank’s monetary policy, and the geo-political concerns in Europe.
The markets have experienced some big bumps over the last few days due to concerns over tightening US Federal Reserve Bank’s monetary policy, and the geo-political concerns in Europe. Source: FNB Securities
HOW EASY IS IT TO HAVE A TRUSTEE REMOVED?
The removal of trustees will always be a delicate matter, especially in terms of a testamentary trust where the testator or testatrix handpicked the trustee(s). It was held in the Gowar v Gowar case of 2016 that the Court’s power to remove a trustee must be exercised...
Exclusion of life partners from definition of “spouse” held to be unconstitutional.
The Constitutional Court in Bwanya v Master of the High Court, Cape Town and Others [2021] ZACC 51confirmed the ruling of the Western Cape High Court in October 2020 that section 1 of the Intestate Succession Act, 81 of 1987 (ISA), is unconstitutional in so far as it...
THIS IS A USEFUL ARTICLE ON THE POSITION OF THE “PROFESSIONAL/INDEPENDENT OUTSIDER” TRUSTEE
All trustees to play an active roll Trusts are often trusts in name only, with an essential principle of trust law, namely the independence of trustees, neglected (Tijmstra v Blunt-Mackenzie case of 2002). It is, therefore, important to note that all trustees are...








