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Contracting with a trust

11 May 2006

Roger Green considers the recent unreported Supreme Court of Appeal case of Thorpe versus Trittenwein, which underlines the caution which must be exercised when contracting with a trust.

It is worthwhile highlighting the following extract from the article:
"When contracting with a trust, a certified copy of the current Letters of Authority issued by the Master must be obtained to establish who the Trustees are. The Deed of Trust must be scrutinised to ensure that the Trustees have the necessary powers to enter into the transaction and also that any formalities prescribed by the Deed of Trust are complied with. Where a sale or purchase of land is involved, the Trustees are required to sign a resolution before concluding the transaction. Failure to do so could result in a transaction being declared void."

Thorpe versus Trittenwein summary and judgment and the article on Rodneyhayter.com.

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