Trust Law in South Africa

Product Details:
Author(s):
Geach, WD
Year Published:
2017
Edition
1st Edition
Type:
Print | Soft Cover
Language:
English
About this publication
This book comprehensively, yet succinctly, covers the use and administration of trusts in South Africa. It also serves as a useful reference to more detailed texts on the subject as well as to case law.
Whilst the Trust Property Control Act 57 of 1988 sets out the minimum requirements when it comes to the formation and administration of trusts, other statutes (including the Income Tax Act, the Estate Duty Act, and the Alienation of Land Act) also have a direct bearing on how trusts are formed, administered, amended and terminated. Moreover, the common law has been a major factor in the development of trust law in South Africa.
This book therefore not only deals with the legislation that is relevant to trusts, but it highlights and discusses the case law which has been an essential part of the development of the law of trusts.
Content
The nature and use of trusts
Different types of trust: different consequences
The formation and administration of a trust: legal principles and good business practice
Parties to a trust and the nature of a trust instrument
Trustees
Beneficiaries
Contracting by and with a trust
The amendment of trust deeds
Trusts and other legal forms and entities
Termination of a trust
Representation of a trust in legal matters
Accounting records and financial statements
Trusts: advantages and disadvantages
Trusts and the termination of a marriage
Trusts as members of companies and close corporations
Trusts, income tax and capital gains tax
Trusts, donations tax and taxes that arise on death
Trusts and public benefit organisations
Trading trusts
Circumstances in which trust assets can be regarded as those of someone else or are subject to claims by creditors or other persons
Interest / Benefit to
Legal professionals and advisors
Academics and students – post-graduate: continuous professional development courses
Trustees and prospective trustees
Founders and prospective founders of trusts
Beneficiaries
Tax and financial planners
Professionals providing legal and accounting services to trusts
Those who contract with trusts