JM21

MEMORANDUM

To enable me in terms of Section 6(3)(a) and (d) of the Trust Property Control Act, No. 57 of 1988 to exercise my discretion in accordance with the provisions of the said section the Trustee(s) is / are hereby requested to state a case for my consideration.

The said stated case should inter alia cover the following:

  1. The names and ages of the beneficiaries under the trust, and the relationship of the Trustee to the beneficiaries and the probable duration of the trust.

  2. The full names and copies of the Identity Documents of the Trustees

  3. The written views of beneficiaries under the trust, as to my exempting the Trustee(s) from furnishing security under the Trust Property Control Act, No. 57 of 1988.

  4. The profession and / or business occupation of the Trustee(s).

  5. What previous practical experience each Trustee has in trust administration, mentioning any specific cases.

  6. Whether the trust will be subject to annual audit, if so the following to be furnished:

    1. The name and address of the auditor to be appointed to act in the trust

    2. Undertaking by the auditor to advise me:

      1. Should he cease to act in the trust

      2. The name of the new auditor should he be aware thereof

      3. Should the trust not have been administered in accordance with the terms and conditions of the will or trust deed

      4. On any substantial addition, to the capital of the trust and the value thereof.

    3. An undertaking by the Trustee(s) to instruct the auditor to furnish me, when requested to do so, with any information which I may require in connection with the affairs of the trust.

  7. The name of the bank and branch thereof at which the trust banking account will be kept.

  8. What steps will be taken by the Trustee(s) to maintain accurate records of the trust; whether he will exercise direct personal control over the trust, if not, what agent or firm has been instructed by him and to what extend?

MASTER OF THE HIGH COURT