The independent trustee: Why the big fuss?
In recent months, the Master of the High Court (the Master) has often refused to register newly created family trusts if an independent trustee has not been appointed. Although it isn’t a legal requirement, the Master often applies it as such. The Master adopted this practice following the judgement in the well-known Parker case where Appellate Judge Cameron stated that the Master should ensure that adequate separation of control from enjoyment is maintained in every trust by insisting on the appointment of an independent outsider as trustee.