South African legislation does not prescribe one minimum number of trustees for every trust. The Trust Property Control Act requires trustees to be authorised by the Master, but the number required to act is primarily determined by the trust deed and, in some family trust circumstances, by the Master’s application of the principles in the Parker judgment.

A trust can therefore have one trustee if the deed permits it and the structure is otherwise legally valid. However, a trust cannot be created with the same person as both the sole trustee and sole beneficiary. Under Chief Master’s Directive 2 of 2017, the Master must consider an independent trustee when a newly registered trust meets the Directive’s combined criteria for a “family business trust”.

From a practical governance perspective, two or three trustees can provide continuity and reduce dependence on one individual, but this is not a statutory rule. If the deed specifies a minimum number and the trustee complement drops below that number, the remaining trustees’ ability to bind the trust can be restricted until the required composition is restored. The trust deed should contain workable appointment, resignation and succession provisions.

See also: How many trustees must a family trust have in South Africa? | Can a founder of a trust be a beneficiary?

Disclaimer: The information provided here is intended as general guidance only and does not constitute legal, tax, or financial advice. Every situation is unique, and legislation is subject to change. We invite you to reach out to our team at Wealth and Legacy Group for guidance tailored to your specific circumstances.