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Changing Trustees in South Africa: Resignation, Removal and Replacement

Quick summary
Changing a trustee in South Africa is a two-stage process: first the change is effected internally (resignation, removal or replacement under the trust deed), then it is lodged with the Master of the High Court for endorsement. Until the Master issues fresh Letters of Authority reflecting the new composition, the old trustees remain on record.
Common pitfalls: failing to update the beneficial ownership register, leaving trustees on record after death or emigration, and trying to act before the Master’s endorsement issues.
This article covers all three change mechanisms and the steps for each.

When does a trustee change happen?

Five typical scenarios:

  1. Voluntary resignation — a trustee chooses to step down (retirement, career change, conflict)
  2. Death of a trustee
  3. Mental incapacity — a trustee can no longer act
  4. Removal for cause — breach of trust, conflict of interest, prolonged failure to act
  5. End of fixed term — some trusts have rotating or term-limited trustee positions

The mechanism for each is slightly different.

The trust deed governs

The first place to look is the trust deed itself. Most modern deeds include specific provisions for:

  • How a trustee resigns (typically by written notice to remaining trustees)
  • Who appoints a replacement (existing trustees, or the founder, or by majority resolution)
  • Minimum and maximum number of trustees
  • Independence requirements (whether replacement must be independent)
  • Notice periods

If the deed is silent or ambiguous, the Trust Property Control Act, 1988 governs. The Master has discretion to fill gaps.

Mechanism 1: Voluntary resignation

Internal steps

  1. Resigning trustee gives written notice to the remaining trustees, in the form required by the deed (usually a signed letter)
  2. Remaining trustees acknowledge receipt and pass a resolution accepting the resignation
  3. If a replacement is required (e.g. to maintain minimum number or independence), the remaining trustees nominate a replacement under the deed
  4. The replacement signs an acceptance of trust

Lodgement at Master

The following are lodged with the Master:

  • Resignation letter from outgoing trustee
  • Trustee resolution accepting the resignation
  • Acceptance of trust by replacement trustee (if any)
  • Updated trust deed if amendments are needed
  • Updated beneficial ownership register
  • Master’s fee (R150)

The Master endorses the trust file and issues fresh Letters of Authority reflecting the new trustees. Old Letters are returned with the application.

Timing: 3–6 weeks from lodgement.

Mechanism 2: Death of a trustee

A deceased trustee’s office ends automatically on death. The remaining trustees:

  1. Notify the Master of the death (within 30 days under the Trust Property Control Act)
  2. Lodge the death certificate and a trustee resolution recording the death
  3. If a replacement is required, nominate and lodge acceptance forms
  4. Update the beneficial ownership register

Where the deceased trustee was the only independent trustee, a replacement independent must be appointed before the Master will endorse the change.

Timing: 4–6 weeks from lodgement.

Important: the trust deed often gives the founder (if still alive) or named appointor the right to nominate the replacement. Check the deed before the surviving trustees self-appoint.

Mechanism 3: Mental incapacity

When a trustee can no longer manage their own affairs, the family or remaining trustees apply for the trustee to be:

  • Replaced under the trust deed’s incapacity clause, if one exists
  • Replaced by Master’s order on application under section 19 of the Trust Property Control Act

The application requires medical evidence (typically two medical certificates) and an explanation of the incapacity. The Master may insist on a curator being appointed for the incapacitated person before processing the trustee change.

Timing: 8–16 weeks, longer if a curator application is also needed.

Mechanism 4: Removal for cause

The Master may remove a trustee under section 20 of the Trust Property Control Act on grounds of:

  • Persistent failure to discharge duties
  • Breach of trust
  • Mental or physical incapacity
  • Conflict of interest
  • Conviction of a crime involving dishonesty
  • Insolvency
  • Other grounds the Master considers fit

Removal proceedings are typically initiated by:

  • A beneficiary application
  • A co-trustee application
  • The Master acting on own initiative after a complaint

The removal process is contentious — the trustee being removed has a right to be heard. Expect 3–6 months and legal costs.

Alternative: by High Court application under section 22(b) of the Act, where the Master refuses to remove.

Mechanism 5: End of fixed term

Some trusts have rotating or term-limited trustees (e.g. “the senior partner of [Firm] for the time being”). Changes at term end are usually automatic — the new term-holder lodges an acceptance and the outgoing trustee’s resignation. No Master discretion involved.

The beneficial ownership update

Critical 2023+ requirement: the BO register must be updated within 14 days of any change in beneficial ownership, including trustee changes.

The update:

  • Removes the outgoing trustee from the BO register (with their date of cessation)
  • Adds the incoming trustee (with their date of appointment)
  • Records any changes to “effective control” status

The updated BO register is lodged with the Master alongside the trustee change paperwork. Failure to update is an administrative penalty offence.

Common pitfalls

Acting before the Master endorses

The new trustees should not sign contracts or operate trust bank accounts under their new names until fresh Letters of Authority are issued. Banks check trust Letters and will reject signatories not on the current Letters.

Forgetting the BO update

The single most common compliance failure in 2026. Trust changes are lodged with the Master but the BO register is left stale. Lodge both together.

Single-trustee gap

If a trustee resigns or dies, and the trust drops below the minimum number of trustees (two), the trust may not act validly until a replacement is appointed. Plan for continuity — appoint replacements simultaneously.

Independent trustee oversight

If the outgoing trustee was the only independent, the Master will not endorse the change without a new independent. Lining up the replacement before lodging saves time.

Old Letters of Authority not returned

The Master expects the original old Letters back when issuing new ones. If lost, an affidavit of loss is required.

Founder still alive but bypassed

Many trust deeds give the founder a right to nominate replacements. If the founder is still alive, get their written nomination — overriding it can be challenged later.

Documents you need to lodge

For a typical voluntary resignation and replacement:

Document Notes
Resignation letter Signed by outgoing trustee
Trustee resolution Accepting resignation, nominating replacement
Acceptance of trust By incoming trustee, signed before Commissioner of Oaths
Independence declaration If incoming trustee is the independent
Updated BO register Critical — do not skip
Original old Letters of Authority Returned to Master
Certified ID of incoming trustee Plus proof of address
Cover letter Application to Master to endorse change
Master’s fee R150

Costs

Item Cost
Master’s fee R150
Drafting (resignation, resolution, acceptance) R1,500 – R3,000
Independence opinion (if needed) R1,500 – R3,000
Master’s Office lodgement R750 (or R1,200 round-trip with collection)
Total (our fixed-fee service) R2,500 + Master’s fee + disbursements

Frequently asked questions

Can a trustee resign without a replacement?

Only if the trust deed permits and the trust remains compliant (minimum two trustees, any required independents). Otherwise the resignation cannot take effect until a replacement is appointed.

Can I remove a trustee for “not being on the same page”?

No — section 20 of the Trust Property Control Act requires specific grounds (breach of trust, conflict of interest, etc.). Disagreement alone is not grounds for removal.

Who pays for the trustee change process?

Usually the trust itself, from trust funds. The outgoing trustee may be required to bear costs in a removal-for-cause case.

Does the Master charge per trustee or per change?

Per change. A single application can effect multiple simultaneous changes (e.g. one resignation and two new appointments) on one fee.

Can a trustee change retroactively?

No. The change takes effect when the Master endorses it and issues new Letters. Backdating is not permitted.

Can a trustee continue to act between resignation and Master endorsement?

The trustee must act with care during this interim period. They remain a trustee in law until the Master endorses the change. They should not initiate new commitments but must complete urgent items.

How MasterAssistant can help

We offer fixed-fee trustee change services:

  • Trustee change / deed amendment lodgement — R2,500 (includes drafting resignation, resolution, acceptance and lodgement)
  • Beneficial ownership update — R750
  • Trustee resolution drafting (standalone) — R450
  • Independence opinion / declaration — R1,500

Pay-per-action. No retainer.

Need to change a trustee? Call 087 001 0733 or start online. Free 10-minute call to confirm process and timeline.

Last updated: 17 May 2026. Trustee changes are governed by the Trust Property Control Act, 1988 and supporting regulations. For contested removals or High Court applications, consult an attorney specialising in trust litigation.