Ferreira and Another v Van der Merwe N.O and Others (2727/2018)
Ferreira and Another v Van der Merwe N.O and Others (2727/2018) [2019] ZAECPEHC 39 (13 June 2019)
The court found that the original trust deed did not provide for amendment, and the Founder was deceased at the time of the purported amendment in 2010. Therefore, the amendment effected by the Original Trustee was invalid and of no force and effect. Even if amendment were possible, the Applicants had accepted the benefits conferred by the original trust deed, and any amendment required their consent, which was not obtained. The appointment of the First to Third Respondents as trustees was also declared null and void, as it flowed from the invalid amendment. The court further held that the Fo…
Source excerpt
- Trust Deed Amendment
- Beneficiary Rights
- Trustee Appointment
- Waiver Of Benefits