Page 33 - Nexia SAB&T Trust Guide 2022

REMOVAL AND TERMINATION OF OFFICE OF A TRUSTEE

Removal from office
A trustee may, on the application of the Master of the High Court or any person
having an interest in the trust property, at any time be removed from his office by
the court if the court is satisfied that such removal will be in the interests of the
trust and its beneficiaries.
A trustee may also be removed from office by the Master of the High Court under
the following circumstances:
■ If he is convicted of any offence involving dishonesty or is sentenced without
option of a fine.
■ If he failed to give security/additional security within two months of the
Master of the High Court’s request.
■ If his estate is sequestrated/liquidated, or placed under judicial management.
■ If he is declared mentally ill/incapable of managing his own affairs, or if he is
by virtue of the Mental Health Act, (no. 18 of 1973), detained as a patient in
an institution or as a President’s patient.
■ If he fails to perform satisfactorily any duty imposed upon him by or under
the Trust Property Control Act, or to comply with any lawful request of the
Master of the High Court.
■ If he fails to perform satisfactorily any duty required by law or by the Master
of the High Court.
■ A breach of trust by the trustee.
■ If it is decided by Court that removal is in the best interests of the trust and
its beneficiaries.
Termination of office
A trustee can also cease to be a trustee in one of the following ways:
■ Death (the trusteeship does not pass to the executor of the trustee’s estate).
■ Resignation.
■ Dissolution of the trust.
■ Any other way the trust deed may authorise a trustee’s termination of office.
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