A feud between members of a KZN family over an R800m trust has sparked claims of forgery, infidelity and mismanagement of trust funds.

The Schoonhoven family of Richards Bay own a vast property portfolio in the region. Patriarch Johan Schoonhoven died of cancer in 2015, leaving his sons the Schoonies Familie Trust, which holds shares in several companies that own land on which businesses such as hotels, petrol stations, offices and mall developments are located.

The Sunday Times reports that it produces significant income and holds assets estimated to be worth between R700m and R800m.

The trust is due to be dissolved in 2030, and the money divided among family members.

Three of Schoonhoven’s sons – Samuel, Johannes Frans and Jean, who are trustees – applied to the KZN High Court (Pietermaritzburg) to give them the power to decide who will benefit and by how much.

Samuel is the biological father of Jean, who was later adopted by Johan and his wife Begda.

Key to their argument was the interpretation of Schoonhoven’s trust deed and his will, which were written in Afrikaans.

They maintained that ‘on proper interpretation of the trust deed’ they, as trustees, should be entitled to determine who the beneficiaries of the trust will be when it is dissolved.

However, another of Schoonhoven’s sons, Pieter, argued that the trust deed stipulates that all family members, including those legally adopted and their offspring, should receive a share.

Pieter, who has an adopted daughter, was listed as the first respondent in the application, which was argued in court last year.

Other respondents included Begda and eight grandchildren. However, only Pieter opposed the application.

The Sunday Times notes that Pieter was a trustee, but was removed in 2017.

He has instituted a counterclaim seeking the removal of his brothers as trustees, and that case is pending.

Judge Elsje-Marie Bezuidenhout last week dismissed the three brothers’ application with a scathing ruling.

She noted that Samuel, Johan Frans and Bessie had decided to make changes to Schoonhoven’s will after his death, and that Johan Frans had forged his father’s signature.

This was established when Pieter brought in a handwriting expert, after which the original will was reinstated.

The Sunday Times reports that Bezuidenhout said ‘the affidavits filed on both sides contain an unfortunate amount of snide, sarcastic and insulting remarks, which should not be in court papers’.

'Allegations of dishonesty, adultery and mismanagement of trust funds have been made which further contribute to the general unpleasantness evident from the papers,’ she said.

Speaking through their lawyers, the trustees said they plan to appeal against the judgment.

Responding on behalf of Pieter Schoonhoven, JF Botha of JB Law Attorneys, said: ‘We do not see how the matter can be newsworthy as it merely involved an interpretation of an agreement. Our client is abiding by the order of the court.’

Full Sunday Times report