April 21, 2022

Life partners now qualify for intestate succession

The Constitutional Court recently confirmed the October 2020 ruling of the Western Cape High Court that section 1(1) of the Intestate Succession Act is unconstitutional in […]
September 2, 2021

Think twice before choosing an executor

The nomination of an executor is an important aspect of a Last Will and Testament. An executor is nominated in a Last Will and Testament and, upon death, he or she administers and distributes the estate in accordance […]
October 7, 2019

Can you deregister or terminate a Trust?

There is no provision in the Trust Property Control Act, 1988 that requires the deregistration of trusts. However, this said, it does not mean that a […]
June 12, 2019

Inter Vivos Trusts en Testamentêre Trusts

Daar bestaan heelwat onkunde oor die gebruik van trusts tydens erflatings. Hierdie artikel poog om lig op hierdie belangrike kwessie te werp. ’n Inter vivos trust […]
March 26, 2019

Trustees’ duties and powers

All the powers of a trustee are ‘fiduciary’, which means that they must be exercised as follows: in the best interests of all the beneficiaries; only […]
September 18, 2018

The benefits of creating a trust

Trusts are well-known to facilitate effective estate planning and continuity planning strategies. That said, setting up a trust – whether an inter vivos (between the living) […]
June 4, 2018

Trust Litigation: Who has what rights?

This article deals with the questions of who can institute litigation on behalf of a trust, as well as with the question of how jurisdiction is […]
May 23, 2017

Why is an independent trustee important?

A well-known court case, Land Bank of South Africa vs JL Parker and Two Others (the Parker case) irrevocably changed the requirements for independent trustees to […]
May 23, 2017

Disputes with body corporates: remedies for homeowners

The trustees of a body corporate of a certain sectional title scheme clamped the wheel of the car of one of its homeowners because he did […]
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