In short: in Oosthuizen NO and Others v Pistorius NO and Others [2026] ZAGPPHC 219, decided on 30 March 2026, the Pretoria High Court upheld a surviving founder's removal of three trustees from a family trust. The power came from two documents: the trust deed and her late husband's will. If you want your legacy to go further than your own lifetime, those two documents are where it lives or dies.
What happened in the Pistorius family trust
Johannes and Lettie Pistorius built a property business, the Pistorius Group. They set up a family trust for each child, plus the Lettie Trust, where Lettie and the grandchildren are beneficiaries. Each trust owns a holding company, and the holding companies own the group's shares.
The trust deed gave the founders, "during their lifetime, in writing", the power to discharge any trustee and appoint someone else. It also let them nominate replacements by will.
• 2016: Johannes appointed his daughter Ansie and two independent trustees to the trusts. • 2018: Johannes died. His will named each child as his replacement in their own trust, but named no one for the Lettie Trust. • October 2025: After years of family discord, Lettie removed Ansie and both independent trustees. She appointed her daughter Rina and Frederick Snyman in their place. • 2 December 2025: The Master issued new Letters of Authority. • 3 December 2025: Ansie and six grandchildren launched an urgent application to set the removal aside. Mediation in January 2026 failed.
What the court decided
The court dismissed the application and upheld the removal. Four findings matter for any family with a trust.
• The power sat with Lettie. Because Johannes nominated no replacement for the Lettie Trust, Lettie "has, in effect, now become the sole founder and first trustee" (para 57). The deed let her remove any trustee and appoint another (para 58). • No hearing was needed in this case. The Supreme Court of Appeal said in Jooste NO v Pretorius that there is good reason to hear a trustee before removing them. Here the court found relations had broken down so badly, and mediation had failed, that removal was "the only option" (paras 61 to 66). • The trust was not at risk. The new trustees were not criticised, and the court found no risk to the trust's finances or the beneficiaries (para 67). • Litigating cost the challengers dearly. The matter was not urgent, and the court called the urgent application "an abuse that must be discouraged" (para 76). Ansie and the grandchildren who backed her must pay costs on the attorney-and-client scale, including senior counsel.
Your legacy runs on structure, not good intentions
The Pistorius family did a lot right. They built a real business, ring-fenced it in trusts and wrote powers into the deed. That structure is why the court could give a clear answer.
But the case also shows how much rides on one clause and one line in a will. Johannes's decision not to name a replacement handed full control of the Lettie Trust to the surviving founder. Whether that was his plan or an oversight, it decided who runs the family's assets today.
Many family trusts are set up once and rarely reviewed. The founders age, children marry and divorce, trustees fall out, and the business grows. A trust that is not kept in step with the family becomes the battleground instead of the protection.
Taking a legacy further means three things: • A deed that says who holds the power to appoint and remove trustees, and what happens to that power when a founder dies. • A will that matches the deed, naming successors for every trust, not just some. • A trustee line-up that is current and recorded with the Master, so the people running the trust can act without being challenged.
Five things to check in your trust deed and will
1. Who can remove and appoint trustees? Find the clause. Is it the founder, the trustees jointly, or a protector? 2. What happens to that power when a founder dies? Does it pass to a surviving founder, to the trustees, or to someone named in a will? 3. Does your will name a successor for every trust? A gap, like the one in the Lettie Trust, can shift control in ways you did not intend. 4. Are your current trustees the ones on your Letters of Authority? If not, the trust may struggle to act until the Master's records are updated. 5. Is there a way to resolve disputes before court? A mediation or deadlock clause can save the family years and a punitive costs order.
Put your trust structure in order
Lawvero reviews trust deeds and prepares the documents to bring a trust up to date: trustee resolutions, deed amendments, and the Master's forms to change trustees. We also draft wills that line up with your trust deed. All at fixed fees, with no hourly-rate surprises.
Email office@lawvero.co.za or WhatsApp 065 764 3430 for a quote, or see our trust services page.
Sources
• [Oosthuizen NO and Others v Pistorius NO and Others (236657/2025) [2026] ZAGPPHC 219](https://www.saflii.org/za/cases/ZAGPPHC/2026/219.html), Gauteng Division, Pretoria, 30 March 2026 • [Jooste NO and Another v Pretorius and Others [2024] ZASCA 130](https://www.saflii.org/za/cases/ZASCA/2024/130.html), Supreme Court of Appeal, 1 October 2024
This article summarises a court judgment as at 26 October 2026 and is general information only, not legal advice. Lawvero provides document preparation services and does not provide legal advice.