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Court case on access to trust documents – J McWilliams v G McWilliams and Others [2019] ZAECPEHC 16

J McWilliams v G McWilliams and Others [2019] ZAECPEHC 16

In this divorce case the applicant spouse (J) brought an interlocutory application to force discovery of documents she contended she needed to determine the accrual in her spouse’s (G’s) estate.  This was necessary to be able to determine the presence and extent of any accrual claim J might have against G upon divorce, as the parties are married out of community of property, with the inclusion of the accrual.  Among the documents in question were records of several South African and offshore trusts to which G is allegedly connected.  Some trustees of these trusts are the other respondents.

Although the judgement centres largely around issues of civil procedure and interpretation of the Uniform Rules of Court, it is noteworthy that the court (Revelas J) ordered the discovery of some documents under the control of the trustees.

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