n Without Prejudice - The duty of care : trust law
|Article Title||The duty of care : trust law|
|© Publisher:||JetBlue Publishers (Pty) Ltd|
|Author||Estee Van der Merwe|
|Publication Date||Aug 2008|
|Pages||36 - 38|
In Kemp v MacDonald's Trustee, the court recognised the responsibility of trustees as being "persons entrusted with the control of property which they are bound to deal with for the benefit of others." Zinn NO v Westminster Bank set out a wider definition to encompass bodies and authorities whose public position gives them fiduciary powers and responsibilities. The Trust Property Control Act defines a "trustee" as "any person (including the founder of a trust) who acts as trustee by virtue of an authorisation under [the Act]".
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