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Barend B.
Barend B., Legal Consultant
Category: South Africa Law
Satisfied Customers: 1350
Experience:  BLC LLB (Pret) LLM (Augsburg)
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Who can be appoint a trustee in south Africa? If I would be

Customer Question

Who can be appoint a trustee in south Africa?
JA: What state are you in? It matters because laws vary by location.
Customer: If I would be an Indian.
JA: Has anything been filed or reported?
Customer: Yes I like to know.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes,Somebody like to appoint a person from India to be the trustee who is an South African. Is it wise to accept or there is some legal obligations.
Submitted: 3 months ago.
Category: South Africa Law
Expert:  Barend B. replied 3 months ago.

Good evening,

It is more a case of who can not be appointed a trustee.

If a trustee has been convicted of a criminal offence of which dishonesty is an element, or if he has been declared mentally ill, or if he is an unrehabilitated insolvent, had been sequestrated, liquidated or placed under judicial management, or if he has been removed from a position of trustee before, he will not be fit to be a trustee according to the Trust Property Control Act, 57 of 1988.

If there is no such disqualification, any other person may be appointed as a trustee.

The trustee will have to complete a J417 - Acceptance of Trusteeship (http://www.justice.gov.za/master/m_forms/J417_acceptance-trustee-eform.pdf)

The Master will then grant that person authority to act as trustee.

Regards,

BB

Expert:  Barend B. replied 3 months ago.

Good morning,

If you are satisfied with my answer, would you be so kind to give the answer a rating?

Regards,

BB

Expert:  Barend B. replied 3 months ago.

Good evening,

Unfortunately if no rating is received, I would not be compensated for the time spent on your answer.

Regards,

BB