RECENT NEWS
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...
Commissioning of oaths in the 21st century
In the recent High Court judgment of Knuttel NO and Others v Shana and Others (GJ) (unreported case no 38683/2020, 27-8-2021) (Katzew AJ), the court had to decide whether the rules related to the commissioning of affidavits could be relaxed in certain circumstances....
Court rules for mother, child in emigration battle
Gauteng High Court (Johannesburg) Judge Fiona Dippenaar has considered the better quality of life and opportunities in a foreign country in her decision to rule against a father who sought to scupper his five-year-old daughter’s imminent emigration with her mother....
The importance of the definition and treatment of Trust Income and Trust Capital where Income and Capital Beneficiaries are not the same
This is a useful article by Phia van der Spuy dealing with this topic: Trustees should act in the best interests of all the beneficiaries, in line with the terms of the trust instrument. In the Griessel v de Kock case of 2019 the Court held that the “role of a...
Our local markets have responded well to a relatively positive medium term budget statement
Our local markets have responded well to a relatively positive medium term budget statement Source: FNB
Press release: FISA comments on the situation at the Master’s Office
FISA issued the below press release today, 21 October 2021 Comment on the Master’s Office by the Fiduciary Institute of Southern Africa (FISA) The public should be aware that there is an unprecedented backlog at the Master’s Offices countrywide. There are however some...
Market Movements 12.10.21
Yesterday saw pleasing positive movements in the local markets, particularly in Resourses and in Mineralsa and Mining.