Trusts: Majority rules, or unanimity triumphs?
27 July 2023
Everyone is familiar with the term ‘majority rules’ and generally when applied it means that the decision of the majority... sticks and is valid. The question that arose in the recent case of Shepstone & Wylie Attorneys v Abraham Johannes de Witt N.O. and Others [2023] ZASCA 74 was whether the majority decision by the trustees of a trust needed a resolution signed by all the trustees to be valid. In this article we take a look at the decision and what it potentially means for the law of trusts in South Africa.