Should I appoint an independent trustee for my trust?

The short answer is yes.

Of course, we will substantiate this answer, but in keeping with our uniqueness we don’t drown our clients in case law. Instead, we interpret case law to give legal clarity, enabling you to make the right decisions. We also believe that prevention is better than litigation or legal catastrophe. Through analysis, we evaluate your legal fitness and advise you on potential risks and how to mitigate them. We safeguard you in the present, to protect you in the future.

Now, let’s substantiate: A trustee only has the capacity to act on behalf of a trust once authorised to do so by the Master of the High Court in writing. However, in the Supreme Court of Appeal the Court raised general concerns about trusts being open to abuse where there is little or no independent interest of those in control of the trust assets. To ensure a more definitive separation between ownership and enjoyment of trust assets, the Court suggested that the Master of the High Court insist on the appointment of an independent trustee. This case has since brought about radical changes to the administration of trusts in South Africa and from hereon in the Masters office will consider the appointment of an independent trustee for trusts.