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Business Dispute Resolutions / May 13

Business trusts and family feuds: The objectives of a trust founder are sacrosanct

On 06 March 2026, the Supreme Court of Appeal of South Africa (“SCA“) reaffirmed the principle that the objectives of a trust may only be found in the trust deed and cannot be varied by the wishes of the founder expressed informally in family meetings and dinner tables prior to their death. The judgment which is the subject of this note is Lenette Janse De Wit & Others v Toerien De Wit N.O. & Others (607/2024) [2026] ZASCA 23.

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