Ras NO and Others v Van der Meulen and Another (635/09)
Ras NO and Others v Van der Meulen and Another (635/09) [2010] ZASCA 163; 2011 (4) SA 17 (SCA) (1 December 2010)
The Supreme Court of Appeal held that only a beneficiary of a trust has standing to seek removal of trustees. The High Court erred in finding that the respondent had sufficient interest to seek relief absent beneficiary status and in ordering the Master to investigate the trust, as such discretion lies solely with the Master. The issue of whether the respondent is a beneficiary was not properly determined by the High Court and was not a live issue on the papers. The trustees' argument that the respondent had not accepted her nomination prior to removal was not adequately raised or explored in…
Source excerpt
- Trust Beneficiary Status
- Removal Of Trustees
- Variation Of Trust Deed
- Motion Proceedings
- Leave To Appeal