Estate planning Wills Trusts

Navigating trusts in South Africa – exploring the new compliance obligations

A trust is a legal arrangement in which assets or property are held by one party (the trustee) for the benefit of another party or parties (the beneficiaries). Recent legislative […]

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Cinderella and the ‘will’ for change: Some suggestions

We all know the fairy tale of Cinderella, who had to submit to the ill-treatment of her stepmother who had usurped her deceased father’s estate. What we do not know […]

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Can you trust the trustees? Exploring the regulations required to prevent breaches in fiduciary duties

According to s 1 of the Trust Property Control Act 57 of 1988, a ‘trust’ means ‘the arrangement through which the ownership in property of one person is by virtue […]

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How to use public policy to remedy trust law disputes

By Marietjie du Toit ‘A fundamental characteristic of South African constitutionalism is the principle of respect for the law’ as confirmed by P De Vos, W Freedman, D Brand, C […]

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Building common-law principles of trust law: One cannot transfer more rights than one has

  By Marietjie Du Toit This article discusses the substantive gender inequality and unfair discrimination in trust law disputes. The cornerstone of trust law is the common law. In the […]

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Does a Master have to approve of an agreement when all heirs have given their consent to a sale?

By Kobus Els In this article, I discuss the provisions of s 47 of the Administration of Estates Act 66 of 1965, which includes a short history of the section, […]

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Administration and winding-up of a deceased estate

The administration of deceased estates is governed by the Administration of Estates Act 66 of 1965 (the Act). On the death of a person, the surviving spouse or nearest relative […]

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Intestate succession – heterosexual life partners

Bwanya v the Master and Others 2021 (1) SA 138 (WCC) For a great many years, couples have lived together without entering into a legally recognised marriage and numerous people […]

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Taxation review – taxing master ignoring court order

Nedbank Limited v Gordon NO and Others (GP) (unreported case no 8938/17, 16-8-2019) (Mabuse J) By Solomon Gordon The Nedbank case is an important judgment dealing with principles relating to […]

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The impact of the EU Regulations on fiduciary advice in South Africa

The increased tendency of South Africans to establish geographically diversified estates – whether as a result of cross-border travelling, studying, work or business opportunities – has complicated not only their […]

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