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Trust Litigation Articles

Can Internal Disputes Among Trustees Justify Their Removal or the Termination of a Trust?

Explore the High Court’s decision in R.R and Others v J.R and Others on the complexities of trustee disputes and the legal thresholds for judicial intervention in family trusts.

Unwitnessed Wills and the Tug-of-War for Inheritance: A Legal Insight

Discover the intricacies of Mohanoe and Others v Master of the High Court [2024], a landmark case on the validity of unsigned Wills and the role of an executrix, highlighting the importance of proper Will execution and impartial estate administration in Johannesburg’s High Court.

Can Trustees Determine the Capital Beneficiaries in a Trust? A Detailed Analysis of Schoonhoven N.O and Others v Schoonhoven and Others [2024] ZAKZPHC 1

Introduction: In the recent case of Schoonhoven N.O and Others v Schoonhoven and Others (7608/2020) [2024] ZAKZPHC 1, the High Court grappled with the intricate interpretation of a trust deed and a will. This case revolved around the Schoonies Familie Trust and raised...

When Do Shareholder Rights Take Precedence in HOA Decisions? – A Discussion on the Case of Crystal Ball Properties 65 (Pty) Ltd and Others v Landsmeer Home Owners’ Association NPC and Another

Explore the Crystal Ball Properties case analysis, a pivotal legal battle on minority protection in Home Owners’ Associations under the Companies Act. Uncover the court’s stance on oppressive conduct, the implications of the Heritage Hill decision, and the balance between majority rule and minority rights in HOAs.

When Do Shareholder Rights Take Precedence in HOA Decisions? – A Discussion on the Case of Crystal Ball Properties 65 (Pty) Ltd and Others v Landsmeer Home Owners’ Association NPC and Another

When Do Shareholder Rights Take Precedence in HOA Decisions? – A Discussion on the Case of Crystal Ball Properties 65 (Pty) Ltd and Others v Landsmeer Home Owners’ Association NPC and Another

Explore the Crystal Ball Properties case analysis, a pivotal legal battle on minority protection in Home Owners’ Associations under the Companies Act. Uncover the court’s stance on oppressive conduct, the implications of the Heritage Hill decision, and the balance between majority rule and minority rights in HOAs.

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