Trusteeshield

Why Every Independent Trustee Should Act Now

As an Independent Trustee—or any trustee—your role comes with significant responsibilities and risks. Recent court cases in South Africa have shown that trustees can be held personally liable for mistakes, even if those mistakes were unintentional. If you are an Independent Trustee, it is in your best interest to speak to your fellow trustees and address these risks with the very affordable TrusteeShield product.

Don’t leave your personal assets exposed. Protect yourself and your trust with TrusteeShield.

The Risks Trustees Face
Trustees in South Africa are governed by the Trust Property Control Act No. 57 of 1988 (TPCA). You are expected to act with the highest degree of care, diligence, and skill. If you fail to do so, you can be held personally liable for losses—even if you were not directly involved.

• Negligence: Personal liability for mistakes or omissions.

• Breach of Trust: Liability for failing to act in the best interests of beneficiaries.

• Joint and Several Liability: Any trustee can be held responsible for the full amount of a loss.

• Criminal Liability: Trustees can face criminal charges for unlawful activities.

• Indemnity Clauses: Trust deeds cannot protect you from liability for negligence or breach of trust.

• Recent Judgments:
• Trustees found liable for wrongful eviction and misappropriation of funds.
• Courts ordered trustees to pay damages from their own pockets.