Our expert says:
Family law expert
You have no legal rights to the ownership of the property per se, anyway as it stands now. A Trustee derives his power specifically from the Trust Deed. The trust deed give a trustee extensive powers to preserve and protect trust assets. The ability of the trustees to amend the deed is governed by the terms of the trust deed. In the absence of anything to the contrary the beneficiaries can be changed by a written agreement of the trustees in the form of a resolution lodged with the Master of the High Court.The duties of a Trustee are set out in The Trust Property Control Act, 57 of 1988:
- Act in accordance with the Trust Deed Act with care, diligence and skill.
- Keep proper record of trust assets and be accountable.
- Administer and protect Trust Assets.
- Act in good faith towards Trust assets and beneficiaries.
All depends on the wording in the Trust Deed. If there is a clause stipulating that the Trustees are not allowed to change the beneficiaries, you will be left without any claim to the Trust Assets.
A beneficiary has no claim to the Trust assets, untill vesting of those assets in terms of the Trust Deed, that is the purpose of a Trust and neither does a Trustee have any right to such assets. unless of course the Trustee is both Trustee and beneficiary.
Best would be to study the wording of the Trust deed.
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