Van der Walt v Van der Walt NO and Others (5525/2018)
Van der Walt v Van der Walt NO and Others (5525/2018) [2020] ZAWCHC 120 (20 October 2020)
The applicant, having resigned as trustee and waived his rights as beneficiary, lacked standing to seek removal of trustees or other relief concerning the administration of the Van der Walt Family Trust. The trust deed did not reserve any rights to the founder, and neither statute nor common law conferred standing in these circumstances. The applicant's loan account claim was not established on the papers, and the respondents' version regarding repayment and prescription could not be rejected. The interlocutory application for leave to file a supplementary replying affidavit was dismissed as…
Source excerpt
- Trust Property Control Act
- Locus Standi
- Removal Of Trustees
- Loan Account Prescription
- Maladministration Of Trust