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to terminate the trust in terms of the Act.
There could be a number of reasons why the termination of a trust may be
justified, such as that it has become uneconomical to continue to manage
the trust on behalf of the beneficiaries or there is not sufficient value left in the
trust, or even that the relationship between the beneficiaries and the trustees
have deteriorated to the point where the management of the trust has become
impossible. Each situation would however have to be considered on its own
merits by the court.
For the termination of a trust, it is important that the assets be formally distributed
to the beneficiaries in accordance with the trust deed. Once all liabilities have Commercial
been settled and trust assets distributed to the beneficiaries, the trust can be
considered terminated. Importantly though, the trust is not upon termination
simultaneously deregistered as well. Deregistration has to be applied for
separately at the Master’s office where the trust was first registered. The Master
will require a list of documentation to verify that the trust has indeed been
terminated, such as proof that the trust bank account has been closed and all
of the assets have been distributed after which the deregistration of the trust will
be approved.
In general, however, if you have a well drafted trust deed that clearly provides
for the grounds when the trust may be terminated, there should not be cause
for concern about a random termination of your trust which leaves your
beneficiaries unprotected. If you are unsure about your trust deed’s current
termination provisions, consult your attorney or estate planner and discuss your
trust deed and any concerns you may have.

Can I ask the municipality to extend the period
to appeal?

July 2018

“Our company recently tendered for municipal work. The tender was awarded
to another company and the municipality published a notice allowing 21
days within which to lodge an appeal. We missed the notice because of the
school holiday period and did not appeal. When we asked the municipality for
an extension of the notice period to appeal, they refused. I still think we could
be the successful tenderer if we could get a chance to show the municipality!
Can we force them to allow us to appeal?”

In a very similar set of facts our High Court recently had to consider whether
a municipality could provide an extension of time for an appeal to a party

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