Protection of Businesses Act, 1978
R 385
Trust Property Control Act, 1988 (Act No. 57 of 198813. Power of court to vary trust provisions |
If a trust instrument contains any provision which brings about consequences which in the opinion of the court the founder of a trust did not contemplate or foresee and which—
| (a) | hampers the achievement of the objects of the founder; or |
| (b) | prejudices the interests of beneficiaries; or |
| (c) | is in conflict with the public interest, |
the court may, on application of the trustee or any person who in the opinion of the court has a sufficient interest in the trust property, delete or vary any such provision or make in respect thereof any order which such court deems just, including an order whereby particular trust property is substituted for particular other property, or an order terminating the trust.
