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Trust — trustee — continuing in office after period of appointment has expired — effect — steps which may be taken to regularise his position
Where a trustee of a trust purports to stay in office beyond the period for which he was appointed, any decision made by him may be challenged and may indeed be invalid. This does not mean that he has no locus standi in any matter brought on behalf of the trust: a person who is de facto administering a trust as trustee has locus standi in any matter relating to the trust; so has a person who claims to be the rightful trustee and seeks confirmation of his status. However, his capacity to make valid decisions is limited by the fact that he has overstayed. He ought to regularise his stay in terms of the deed of trust. Alternatively, where a trustee has overstayed and legally cannot make legally valid decisions, the option is to have the trustees appointed or re-appointed by the High Court in terms of ss 7 and 9 of the Companies and Associations Trustees Act [Chapter 24:04].
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