South Africa Case Law

Hanekom v Voigt N.O and Others (15493/2014)

Hanekom v Voigt N.O and Others (15493/2014) [2014] ZAWCHC 194 (10 December 2014)

Court

Western Cape High Court, Cape Town

Case number

15493/2014

Judge

J I Cloete

The court found that the new trust instrument was accepted by the Master, who issued letters of authority appointing the applicant and respondents as trustees. The applicant did not seek to review or set aside the Master’s administrative act, and the Oudekraal principle dictates that such acts remain valid until set aside. Declaratory relief was refused as it would yield no practical benefit to the applicant; if granted, it would leave the trust without trustees, as the sole trustee under the old instrument is deceased. The respondents, by majority, may proceed with the sale of Die Opstal. Th…

Source excerpt

• Trust Amendment
• Declaratory Relief
• Trustee Removal
• Administrative Act Review
• Sale Of Trust Property

Groeschke v Trustee for the Time Being of the Groeschke Family Trust and Others (44105/2011)

Groeschke v Trustee for the Time Being of the Groeschke Family Trust and Others (44105/2011) [2012] ZAGPJHC 228; 2013 (3) SA 254 (GSJ) (31 October 2012)

Court

South Gauteng High Court, Johannesburg

Case number

44105/2011

Judge

A J Bester

The court held that a signed and witnessed resolution validly amended a trust deed, the amendments did not fail the trust, and the applicant lacked locus standi.

• Trust Amendment
• Beneficiary Removal
• Trustee Appointment
• Trust Property Control Act
• Locus Standi
• Trust-amendment

J.W.P en n Ander v A.M.J.P N.O en Andere (29875/08)

J.W.P en n Ander v A.M.J.P N.O en Andere (29875/08) [2010] ZAGPPHC 549 (6 April 2010)

Court

North Gauteng High Court, Pretoria

Case number

29875/08

Judge

E Bertelsmann

The court held a trust amendment invalid for lack of beneficiary acceptance, but fashioned equitable relief so the applicants received one-fifth each of the trust value.

• Trust Amendment
• Acceptance Of Benefit
• Specific Performance
• Public Policy
• Constitutional Values
• Removal Of Trustee

Van Der Meulen v Ras N.O. and Others (45647/2008)

Van Der Meulen v Ras N.O. and Others (45647/2008) [2009] ZAGPPHC 313 (14 August 2009)

Court

North Gauteng High Court, Pretoria

Case number

45647/2008

Judge

Ledwaba

The court held the applicant had sufficient interest to seek an investigation into the Bokfontein Trust and ordered the Master to investigate under section 16.

• Trust Property Control Act
• Locus Standi
• Trust Amendment
• Fiduciary Duty
• Trust-law
• Locus-standi

Hofer and Others v Kevitt NO and Others (122/96)

Hofer and Others v Kevitt NO and Others (122/96) [1997] ZASCA 79; 1998 (1) SA 382 (SCA); [1997] 4 All SA 620 (A); (26 September 1997)

Court

Supreme Court of Appeal

Case number

122/96

Judges

A P van Coller, Van Heerden, F H Grosskopf, Howie, Olivier

The Supreme Court of Appeal held that the amendments to the Charles Dickson Trust deed were valid. The trustees acted within their powers in consenting to the amendments, and there was no legal basis to conclude that their discretion was fettered or that they failed to consider the interests of potential beneficiaries. The majority judgment in Crookes v Watson remains binding, confirming that a trust inter vivos is a contract for the benefit of a third party and may be varied unless the beneficiaries have accepted the benefits. The Court found no evidence of unscrupulous conduct or undue infl…

Source excerpt

• Trust Amendment
• Beneficiary Rights
• Undue Influence
• Contract For Benefit Of Third Party