M.B v R.B and Others (2321/2016) [2023] ZANCHC 30 (14 July 2023)

M.B v R.B and Others (2321/2016) [2023] ZANCHC 30 (14 July 2023)

The court found that the applicant, as a beneficiary of the Ri-El Trust, failed to demonstrate a direct and substantial legal interest in the subject-matter of the divorce and related proceedings. The trust assets, while considered for accrual purposes, remain the property of the trust and are not divested by the impugned order or deed of settlement. The applicant's interest was found to be speculative and not sufficient to establish locus standi for intervention. The court held that piercing the trust veneer for accrual calculation does not require the joinder of the trust or its beneficiaries, and such orders do not prejudice the trust's assets. The applicant did not meet the threshold...

Citation
[2023] ZANCHC 30
Parties
Applicant: B[...], M[...]; Respondent: B[...], R[...]; Respondent: B[...], E[...] L[...]; Respondent: B[...] NO, R[...]; Respondent: B[...] NO, E[...] L[...]; Respondent: HEYNS, ANDRé
Court
Northern Cape High Court, Kimberley
Jurisdiction
South Africa
Judgment Date
14 July 2023
Case Number
2321/2016
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Motion in Divorce and Trust Proceedings
Judges
Nxumalo
Legal Topics
Trust Beneficiary Rights, Locus Standi, Divorce Accrual, Joinder of Parties, Trust Property Control, Variation of Divorce Order
Family and Children Land and Property Trust Beneficiary Rights Locus Standi Divorce Accrual Joinder of Parties Trust Property Control Variation of Divorce Order

Case Brief

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Parties

B[...], M[...]

Applicant

B[...], R[...]

Respondent

B[...], E[...] L[...]

Respondent

B[...] NO, R[...]

Respondent

B[...] NO, E[...] L[...]

Respondent

HEYNS, ANDRé

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Dismissal of Urgent Motion in Divorce and Trust Proceedings

Legal Issues

  1. 1 Whether the applicant, as a trust income beneficiary, has locus standi to intervene in divorce and related proceedings.
  2. 2 Whether the assets and liabilities of the Ri-El Trust should be regarded as those of the first respondent for accrual calculation.
  3. 3 Whether the applicant is prejudiced by the divorce order and deed of settlement affecting trust assets.

Ratio Decidendi

The court found that the applicant, as a beneficiary of the Ri-El Trust, failed to demonstrate a direct and substantial legal interest in the subject-matter of the divorce and related proceedings. The trust assets, while considered for accrual purposes, remain the property of the trust and are not divested by the impugned order or deed of settlement. The applicant's interest was found to be speculative and not sufficient to establish locus standi for intervention. The court held that piercing the trust veneer for accrual calculation does not require the joinder of the trust or its beneficiaries, and such orders do not prejudice the trust's assets. The applicant did not meet the threshold...