Lucinda Wynne Museler N.O. v Shannon Lee Momberg N.O. and Others

The applicant and first respondent are siblings and co-trustees (and beneficiaries) of the Wynhelee Trust, which owns a single residential property in Kenton-on-Sea. An independent trustee, Minnie, was also appointed. The relationship between the siblings deteriorated during 2020 following disputes about occupation, leasing, renovations, and finances relating to the trust property. The applicant had funded renovations and carried certain expenses, while the respondent at times occupied the property and later refused to consent to leasing it during December 2020, causing loss of rental income. Minnie purported to resign as trustee, but no amended letters of authority were issued by the Master, rendering the resignation ineffective. The applicant alleged that the respondent failed to act in the best interests of the trust, mixed personal interests with trust affairs, obstructed income generation, and failed to exercise the care and diligence required of a trustee. On this basis, the applicant applied for the respondent’s removal as trustee under s 20(1) of the Trust Property Control Act 57 of 1988.

The application for removal of the first respondent as trustee was dismissed. The applicant was ordered, in her personal capacity, to pay 50% of the first respondent’s party-and-party costs. The applicant was directed to serve the judgment on the Master, and the Master was ordered to reconsider, within 14 days, the exercise of powers under s 7 of the Trust Property Control Act regarding appointment of an independent trustee.

The case reinforces South African trust-law principles governing the removal of trustees, particularly that removal under s 20(1) of the Trust Property Control Act requires more than conflict or poor relations between trustees. It underscores judicial reluctance to interfere with the founder’s choice of trustee absent conduct that imperils the trust estate or its administration, and highlights the importance of utilising dispute-resolution mechanisms in trust deeds and the Master’s statutory role under s 7 of the Act.