In dealing with trustees



In a recent North Gauteng High Court decision the court held that ’n agreement to purchase immovable property entered into by a trustee acting without without the written permission of his co-trustees, is void ab initio and unenforceable.


The result of this is that all deposits paid by the trust in respect of such an agreement has to be refunded to the trust and no claim for damages can be lodged against the trust for non fulfillment of the trust obligations.


This has dire consequences for innocent sellers and sellers should always insist on a trustee resolution when dealing with a trustee.

6 views

Recent Posts

See All

‘Not the Titanic’ – this marriage took six years to sink In 2014, whilst a marriage was (as the Court put it in a judgment rich in nautical imagery) “still in calm waters”, the spouses formed four tru

MEDIA SUMMARY OF JUDGMENT DELIVERED IN THE SUPREME COURT OF APPEAL From: The Registrar, Supreme Court of Appeal 08 June 2022 The following summary is for the benefit of the media in the reporting