ARTICLE · 09 FEBRUARY 2021

Removing Trustees – Not Such An Easy Task…

SchoemanLaw Inc.

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The core idea of the Trust is the separation of ownership (or control) from the enjoyment.

South AfricaLitigation, Mediation & Arbitration

Nicolene Schoeman-Louw

A trust is defined as "A relationship created at the direction of an individual, in which one or more persons hold the individual's property but subject to certain duties to use and protect it for the benefit of others."

In Agricultural Bank of SA v Parker 2005 2 SA 77 SCA, the court held that:

"The core idea of the Trust is the separation of ownership (or control) from the enjoyment. Though a trustee can also be a beneficiary, the central notion is that the person entrusted with control exercises it on behalf of and in the interests of another. This is why the sole trustee cannot also be the sole beneficiary. Such a situation would embody an identity of interests that is inimical to the trust idea, and no trust would come into existence."

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