CMM Attorneys

Can trustees sell trust property to their own company?

The Supreme Court of Appeal (SCA) recently deliberated on whether a court sanction is necessary to validate the sale of shares owned by a trust to a company controlled indirectly by two of the trustees of the trust. This matter was addressed in the case of Kuttel vs Master of the High Court and Others. […]

Why co-executors of a will can’t act independently

A mother and an adult child were appointed as the co-executors of their late husband/father’s estate. One co-executor, who wanted to sell their family home, signed a sale agreement without the consent of the other. However, the sale agreement of their family home will not be valid. Where an immovable property has been acquired by […]