Sandenbergh and Another v Master of the High Court and Another (087032-2023) [2024] ZAGPPHC 436 (29 April 2024)

Sandenbergh and Another v Master of the High Court and Another (087032-2023) [2024] ZAGPPHC 436 (29 April 2024)

The Full Court's binding precedent in In Re Protection of Certain Personal Injury Awards requires that references to the Administration of Estates Act and curator bonis remuneration be removed from protective trust orders and deeds. Trustee remuneration and administration costs must be set out in detail in the court order or trust instrument, based on evidence of complexity and administrative burden. The applicants' proposed fee structure, including fixed drafting and registration fees, annual management fees, and specific administration costs, is reasonable and equitable for the consolidated matters, given the nature of protective trusts and industry practice. However, the inclusion of a...

Citation
[2024] ZAGPPHC 436
Parties
Applicant: Hercules Alexander Sandenbergh N.O.; Applicant: Constant Wilsnach N.O.; Respondent: The Master of the High Court; Respondent: The Road Accident Fund
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 April 2024
Case Number
087032/2023
Procedural Posture
Variation Application / Judgment on Consolidated Rule 42 Variation Application
Outcome
Application granted in part: references to the Administration of Estates Act and curator bonis remuneration are deleted from the relevant court orders and trust deeds; detailed provisions for trustee remuneration and administration costs are inserted; the request for a 6% collection commission is refused.
Judges
E van der Schyff
Legal Topics
Protective Trusts, Trustee Remuneration, Administration of Estates Act, Road Accident Fund Act, Variation of Court Orders
Civil Procedure Land and Property Protective Trusts Trustee Remuneration Administration of Estates Act Road Accident Fund Act Variation of Court Orders

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Parties

Hercules Alexander Sandenbergh N.O.

Applicant

Constant Wilsnach N.O.

Applicant

The Master of the High Court

Respondent

The Road Accident Fund

Respondent

Procedural Posture

Variation Application / Judgment on Consolidated Rule 42 Variation Application

Legal Issues

  1. 1 Whether references to the Administration of Estates Act and curator bonis remuneration in protective trust orders and deeds are contrary to binding precedent and must be deleted.
  2. 2 What is the appropriate basis for calculating trustees' remuneration and trust administration costs in Road Accident Fund matters.
  3. 3 Whether a 6% collection commission on amounts recovered from the Road Accident Fund should be included in trust administration costs.

Ratio Decidendi

The Full Court's binding precedent in In Re Protection of Certain Personal Injury Awards requires that references to the Administration of Estates Act and curator bonis remuneration be removed from protective trust orders and deeds. Trustee remuneration and administration costs must be set out in detail in the court order or trust instrument, based on evidence of complexity and administrative burden. The applicants' proposed fee structure, including fixed drafting and registration fees, annual management fees, and specific administration costs, is reasonable and equitable for the consolidated matters, given the nature of protective trusts and industry practice. However, the inclusion of a...

Court Disposition

Application granted in part: references to the Administration of Estates Act and curator bonis remuneration are deleted from the relevant court orders and trust deeds; detailed provisions for trustee remuneration and administration costs are inserted; the request for a 6% collection commission is refused.

Orders

  • Condonation for late registration of amended trust deeds is granted and the Master is authorised to accept them.
  • Specified wording referencing the Administration of Estates Act and curator bonis remuneration is deleted from the listed court orders and trust deeds.