MoneyMarketing runs a trust feature in the September issue. Outgoing FISA CEO Louis van Vuren tackles the case law regarding majority decisions by trustees.
In the matter of Shepstone and Wylie Attorneys v De Witt N.O. and Others ([2025] ZACC 14), the Constitutional Court recently clarified the situation in trusts where trustees cannot reach agreement about a decision regarding the affairs of the trust. The judgement prevents a minority of trustees to hold the majority and the trust to ransom in a trust where provision is made for majority decisions.