BACKGROUND AND SUMMARY In 1999, two sisters created an inter vivos trust known as the Arathusa Family Trust (the “Trust”). The Trust is the sole shareholder of a company called Manyeleti (Pty) Ltd (the company), which owns a farm that is part of a game reserve. The three trustees appointed in terms of the trust
BACKGROUND AND SUMMARY In casu, the Supreme Court of Appeal (SCA) judgment deals with the interpretation of a Notarial Deed of Trust, whereby the court was tasked with determining whether the words ‘children’, ‘descendants’, ‘legal descendants’ and ‘issue’ was intended to benefit and include ‘adoptive children’.    In this matter, a trust donor – Mr