RECENT NEWS
A PERSPECTIVE ON BENEFICIARIES’ RIGHTS
This is a useful article by Phia van der Spuy setting out a simple explanation of beneficiaries rights trusts. Many trustees believe that beneficiaries have no rights, especially if they are contingent beneficiaries in a discretionary trust. Personal right against...
When a Trustee can and cannot be removed
Herewith an informative article written by Phia van der Spuy: Trustees are legally vested with the administration of the trust’s assets. They must manage the assets and liabilities of the trust in terms of the provisions of the trust instrument and the law, and not...
Master’s Offices bottleneck creating difficulties for attorneys and their clients
SA’s legal practitioners, already disgruntled with alleged corruption at the country’s 15 Master’s Offices, say the disarray in winding up deceased estates – worsened by Covid-19 deaths – risks taking them out of the R30bn sector. Business Day says the functioning of...
Euthanasia applicants exaggerating illnesses, claims HPCSA
The Health Professions Council (HPCSA) is opposing the latest bid to legalise euthanasia, claiming the applicants are exaggerating their illnesses. According to Rapport, the application by palliative care doctor Sue Walter (47) and her patient Dieter Harck (71) was...
ANCIENT GENDER-BASED INHERITANCE LAW OVERRULED
An out-and-out disinheritance clause in a will executed more than 100 years ago that excluded female lineal descendants has been overruled by the Constitutional Court, says a Cape Times report. It held that the Equality Act was now the benchmark to evaluate the...
Considerations when defining Trust beneficiaries
Beneficiaries are those persons who are initially defined by the founder in the trust instrument and are subsequently selected by the trustees from time to time in terms of the trust instrument stipulations, set by the founder. The Trust Property Control Act does not...
The appointment of an Independent Trustee in Trusts
Trustees are the guardians of the trust assets and have a duty to manage these assets in the best interests of the beneficiaries. SARS and creditors frequently make attempts to attack trusts, but this can be mitigated through the appointment of an independent trustee....
A recent High Court case regarding accessibility of information from the Trustees of a Trust.
High Court case 21 January 2021: RS NO and Others v CMS and Others; In re: CMS v RS and Others (6837/2020) [2021] ZAWCHC 6. In this case, which is linked to a divorce mediation process, the wife obtained a subpoena against Investec Bank to provide information in its...
WHICH ONE WINS THE BATTLE – THE TRUST DEED, THE WILL OR THE LETTER OF WISHES?
People, generally speaking, do not pay sufficient attention to what they want to happen with their assets upon their deaths. This can be ascribed to estate planning not being given priority at a given time, or to people shying away from dealing with thoughts around...