Page 25 - Nexia SAB&T Trust Guide 2024

An independent trustee is a person who cannot benefit from the income
or assets of the trust, nor are they related to a beneficiary of the trust.
■ A trustee can be a beneficiary of a trust, but a sole trustee may not also be
a sole beneficiary of a trust, as a trustee by definition, holds and administers
property for some person other than himself.
■ A trust may be properly established with only one trustee, and there is
generally no upper limit to the number of trustees who may be appointed,
and the trust instrument usually specifies the required minimum /maximum
number of trustees.
The Master of the High Court may appoint a trustee in certain
circumstances
Section 7 of the Trust Property Control Act states that if the office of trustee cannot
be filled or becomes vacant, the Master shall, in the absence of any provision in the
trust instrument, after consultation with so many interested parties as he may deem
necessary, appoint any person as trustee. In addition, when the Master considers it
desirable, he may, notwithstanding the provisions of the trust instrument, appoint
as co-trustee of any serving trustee, any person whom he deems fit.
Foreign Trustees
Section 8 of the Trust Property Control Act, as amended, states that a foreign
trustee requires specific permission from the Master in writing under section 6, in
order to administer or dispose of trust property in South Africa.
Can a trustee bring a legal action on behalf of the trust?
Without a legal personality, a trust does not have legal standing, and therefore
the trust itself cannot sue or be sued. The trustees, in their official capacity,
however, can sue and be sued – in other words, they act on behalf of the trust,
and in this capacity can bring and defend actions concerning the trust.
Disqualification from appointment as a trustee
The Amendment Act amended section 6 of the Trust Property Control Act, to
disqualify certain persons to be appointed as trustees.
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