South Africa Case Law

Joubert and Others v Joubert and Others (9168/2018)

Joubert and Others v Joubert and Others (9168/2018) [2019] ZAWCHC 56; [2019] 3 All SA 551 (WCC); 2019 (6) SA 51 (WCC) (10 May 2019)

Court

Western Cape High Court, Cape Town

Case number

9168/2018

Judge

Bozalek

The court found that, at the time the disputed resolution was passed, only two trustees—the testator and the first applicant—were properly authorised to act, as the corporate trustee (C2M) lacked an authorised nominee and Mr Tubb had not yet received the Master’s authority. However, the trust deed did not prescribe a minimum number of trustees or a specific quorum, only requiring decisions to be made by majority. Thus, the resolution was validly passed by a majority of authorised trustees. Regarding beneficiary consent, the applicants failed to prove that the second, third, and fourth applica…

Source excerpt

• Trust Deed Variation
• Stipulatio Alteri
• Beneficiary Acceptance
• Trustee Quorum
• Trust Property Control Act

Domingo v Farmer and Others (1193/2017)

Domingo v Farmer and Others (1193/2017) [2018] ZANCHC 94 (15 June 2018)

Court

Northern Cape High Court, Kimberley

Case number

1193/2017

Judge

Olivier

The High Court dismissed a constitutional challenge to a trust deed clause limiting claims to living beneficiaries, finding no locus standi or unfair discrimination.

• Unfair Discrimination
• Trust Deed Variation
• Locus Standi
• Public Interest Litigation
• Administration Of Estates
• Trust Property Control Act

MNOPF Trustees Limited v SA Marine Corporation (Pty) Ltd (9085/2008)

MNOPF Trustees Limited v SA Marine Corporation (Pty) Ltd (9085/2008) [2013] ZAWCHC 180 (11 December 2013)

Court

Western Cape High Court, Cape Town

Case number

9085/2008

Judge

Rogers

The High Court held that SACM remained bound as a participating employer in the pension fund and was liable for deficit contributions under later amendments.

• Pension Fund Liability
• Trust Deed Variation
• Deficit Contributions
• English Law Interpretation
• Pension-fund-liability
• Trust-deed-variation

Smart NO v Burne No and Others (10194/2011)

Smart NO v Burne No and Others (10194/2011) [2013] ZAKZDHC 59 (19 July 2013)

Court

Kwazulu-Natal High Court, Durban

Case number

10194/2011

Judge

Nkosi

The court found that Mia, through her mother and guardian, had accepted the benefits conferred by the trust deed, as evidenced by substantial payments made for her support and education. This acceptance vested rights in Mia as a beneficiary. Once such rights are vested, the donor and trustees cannot lawfully amend the trust deed to remove the beneficiary or substitute another without the beneficiary's consent or that of her legal guardian. The purported amendments to the trust deed, which replaced Mia with the Lumiato Foundation as beneficiary, were executed without such consent and are there…

Source excerpt

• Trust Deed Variation
• Beneficiary Rights
• Stipulatio Alteri
• Acceptance Of Benefit