Can Family Conflict Kibosh a Trust?

Can Family Conflict Kibosh a Trust?

“The palest ink is better than the best memory.” (Chinese proverb) A founder dies and the family disagrees about what should happen to the assets. Then some beneficiaries produce emails proving they know what he wanted to happen. Surely the court can step in and wind...
Your Dormant Trust Is Not Invisible to SARS

Your Dormant Trust Is Not Invisible to SARS

“Things do not go away. They go somewhere.” (Annie Dillard) Many trustees assume that a dormant trust can be safely forgotten. No income, no assets, no transactions … No problem. SARS has made it clear that this assumption may be an expensive one. In recent months,...
What Must You Prove to Remove a Trustee?

What Must You Prove to Remove a Trustee?

“…where there is disharmony, the essential test is whether it imperils the Trust estate or its proper administration” (extract from judgment below) Trustees are of course supposed to work together to protect and further the interests of their trust and its...