Maree N.O. and Others v Van Rensburg and Others (1453/2014)
Maree N.O. and Others v Van Rensburg and Others (1453/2014) [2017] ZAFSHC 78 (18 May 2017)
The court found that the applicants failed to demonstrate any material or appealable misdirection in the judgment of the court a quo. The trust deed, although forming part of estate planning, is not a testamentary document but an inter vivos trust, and is subject to principles of contract interpretation. The prevailing legal approach requires that all documents, including trust deeds, be interpreted in light of their context and the circumstances of their creation. The trustees' discretion is not absolute and is limited by both the trust deed and common law principles of impartiality and good…
Source excerpt
- Trust Deed Interpretation
- Trustee Discretion
- Leave To Appeal Standard
- Estate Planning
- Beneficiary Rights