M.H obo H.J.W and Another v R.W.W and Others (EL 139/2020)
M.H obo H.J.W and Another v R.W.W and Others (EL 139/2020) [2022] ZAECELLC 39 (13 December 2022)
The court found that the applicants, particularly the minor children represented by their mother, have locus standi to refer the dispute regarding the management of the trust to arbitration under clause 34 of the trust deed. The trust deed, as interpreted in light of relevant case law, confers rights on contingent beneficiaries to protect their interests against maladministration. The arbitration clause is sufficiently broad to encompass disputes about the application and management of the trust, including alleged breaches of fiduciary duty and ultra vires actions by trustees. The respondents…
Source excerpt
- Trust Property Control Act
- Fiduciary Duties Of Trustees
- Arbitration Clause Enforcement
- Locus Standi Of Beneficiaries
- Divorce Settlement Trust Assets
- Ultra Vires Trustee Actions