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M v M [2016] ZASCA 5

In this very important judgement of the Supreme Court of Appeals delivered on 9 March 2017, the court (in par 20 of the judgement) expressed criticism on the judgement in WT v KT [2015] ZASCA 9; 2015 (3) SA 574 (SCA), in so far as the latter judgement held that a spouse in divorce proceedings has no locus standi in litigation against the trustees of a trust of which the spouse in question is neither a beneficiary nor a third party creditor.

There can be no basis in logic or principle for a distinction to be drawn between legal standing to advance a claim to pierce the veil of a trust, by a third party who transacts with the trust on the one hand, and a spouse who seeks to advance a patrimonial claim, on the other.

Click here for the judgement.

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