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Can the majority of trustees request a trustee to resign?

– Law firm sheds some light

“I am a trustee on a family trust. I was recently informed by the other trustees that they are requesting me to resign as trustee. They did not provide me with any reasons except to say that they are allowed to do this as the trust deed gives them such powers. Can they just do this?” This is a question that Van der Spuy and Partners answers in an article posted on their website.

According to Van der Spuy and Partners our courts have held that animosity and difference of opinion are not sufficient grounds for trustees to remove another trustee from office. In the article they highlight a Free State court case to showcase the answer.

Click here to download the article.

Click here to download the Afrikaans version of the article.

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