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.


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On 15 April 2021 the Supreme Court of Appeal (SCA) handed down judgment upholding the appeal against the Gauteng Division of the High Court, Johannesburg (the high court). The SCA ordered that the spe