The Trust Property Control Act, 57 of 1988, does not provide for the change of name of a trust. Section 93 of the Deeds Registries Act, 47 of 1937, however, does provide the mechanism to record the change of name of a person or partnership.
In terms of section 2 of the Deeds Registries Amendment Act, 9 of 2003, a definition of “person” was included in the Deeds Registries Act, defining a trust as a person. In view of this definition, the Conference of Registrars in 2004 ruled that the provisions of section 93 of the Deeds Registries Act can be invoked to record the change of name of trust (see RCR 13 of 2004). However, the change of name will only be allowed where proof from the Master of the High Court is provided as to the new name of the trust as well as trust’s previous name.
The mere lodgement of the new letters of authorization, issued in terms of section 6 of the Trust Property Control Act, will not suffice for the recordal of the change of name.
Except for the Conference resolution, it is still maintained that there is no enabling legislation sanctioning the change of name of a trust. It is submitted that the Trust Property Control Act should be amended to cater for this occurrence.
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TONKIN CLACEY PRETORIA
012 346 1278