Le Grange and Another v Le Grange Family Trust and Others (7021/2016)
Le Grange and Another v Le Grange Family Trust and Others (7021/2016) [2017] ZAKZPHC 2 (7 February 2017)
The court found that the trust deed permitted majority decisions and that the fourth trustee was notified and chose to abstain, thus participating in the decision-making process. The resolutions authorising litigation and instructing attorneys were valid and binding on the trust. The applicants' objections were formal rather than substantive, as the fourth trustee had notice and an opportunity to participate. The court held that the applicants were entitled to enforce the original settlement agreement, as the purported variation agreement was not validly concluded; the third respondent had no…
Source excerpt
- Trustee Standing
- Trust Deed Interpretation
- Settlement Agreement Enforcement
- Variation Agreement
- Fiduciary Duties