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The rights of beneficiaries in a trust

Friday, 04 December 2020 by Peter Surtees
Based on judgments in the law reports, it seems that family trusts provide rich potential for family squabbles.  The decision of the Supreme Court of Appeal in Griessel NO & others v De Kock Case No 334/18, delivered on 6 June 2019, is a typical example.  In issue was whether beneficiaries to the trust had
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Trust law: authority and capacity are not equivalent

Friday, 18 September 2015 by Peter Surtees
A full bench of the Western Cape High Court has confirmed that a deficiency in trustees’ authority can be cured by ratification, but a lack of capacity cannot be so cured.
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Lessons from some recent trust cases

Monday, 10 February 2014 by Peter Surtees
Lessons from some recent trust cases In the past year or so several decisions by the High Court and the Supreme Court of Appeal have been of interest in the trust field. It’s questionable whether any of them have made new law, but they are of interest. I start with Potgieter and Another v Potgieter
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  • Signing wills: comply with the Act

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