Page 34 - Nexia SAB&T Trust Guide 2024

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 (in terms of section 20 of the Trust Property Control
Act, as amended):
■ If the person becomes disqualified to be authorised as a trustee in terms of
section 6(1A).
■ If the trustee failed to give security /additional security within two months of
the Master of the High Court’s request.
■ If the trustee’s estate is sequestrated /liquidated, or placed under judicial
management.
■ If the trustee is declared mentally ill /incapable of managing their own affairs,
or if the trustee is by virtue of the Mental Health Care Act, (no. 17 of 2002),
detained as a patient in an institution or as a President’s patient.
■ If the trustee fails to perform satisfactorily any duty imposed upon the trustee
by or under this Act, or to comply with the requirements of this Act, or any
lawful request of the Master of the High Court.
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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