by Guthrie Colananni Attorneys | May 27, 2024 | Contract, Property, Trusts
“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) judgment provides...
by Guthrie Colananni Attorneys | Apr 24, 2023 | Trusts
“National Treasury, therefore, expects that if South Africa continues to make significant improvements in effectiveness and swiftly exits grey listing, it will have a limited impact on financial stability and costs of doing business with South Africa, particularly if...
by Guthrie Colananni Attorneys | Jun 27, 2022 | Family Law, Trusts
“Love is grand. Divorce is a hundred grand.” (Anon) That’s a great scenario whilst the marriage prospers, but what happens on divorce? A recent High Court decision addressed one such scenario – Trusts may be formed for a variety of reasons, and the purpose and...
by Guthrie Colananni Attorneys | Dec 11, 2020 | Trusts
“…where there is disharmony, the essential test is whether it imperils the Trust estate or its proper administration” (extract from judgment below) Trustees are of course supposed to work together to protect and further the interests of their trust and its...
by Guthrie Colananni Attorneys | Dec 1, 2020 | Trusts
“Animosity and difference of opinion are not sufficient to have a trustee removed from office and/or for the majority of trustees to unilaterally force another to vacate his/her office…” (Extract from judgment below) When family infighting impacts a family trust, an...
by Guthrie Colananni Attorneys | Dec 1, 2020 | Debt Recovery, Insolvency / Liquidation, Litigation, Trusts
Your debtor owes you a fortune, but when his estate is sequestrated there is nothing in his own name. However you find out that he is trustee of a wealthy family trust with lots of assets that you think are really his – can you recover from his trust? The answer is...
