Fundamentals of South African Trust Law
This book meets the demand for a text that explains the basic principles of South African trust law. Available 14 Jan 2019.
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Product description
This book meets the demand for a text that explains the basic principles of South African trust law. Available 14 Jan 2019.
Fundamentals of SA Trust Law provides a concise, yet comprehensive, exposition of the principles underlying South African trust law, but also attends to many issues pertinent to the trust in legal and commercial practice. Concepts are explained in an uncomplicated and straightforward, yet sufficiently comprehensive manner in order for the book to be used as a student text, an introduction to trust law for the practitioner who does not possess a legal qualification, and even as a resource for the experienced legal practitioner and advanced trust law scholar in search of answers to contemporary trust law questions.
Table of contents
General Introduction
Introduction
The essential features of the SA trust
The statutory definitions of a trust
Trust descriptions
The parties to a trust
Trust property
Trust instruments
SA trust in a legal-comparative context
The SA Trust in its Historical and Legal Contexts
Introduction
The history of the trust
The reception of the trust and the development of trust law in South Africa
The legal nature of the SA Trust
Is the SA trust a true trust?
The Trust, Public Policy and Constitutionalism
Introduction
Personal autonomy, private ownership and freedom of disposition
Limitation of freedom of disposition
SA Courts application of public policy and constitutionalism to trusts
The Creation of a Trust
Introduction
The requirements for the creation of a valid trust
Requirements for trust administration to commence
The moment at which a trust comes into being
Is the creation of a trust a unilateral or multilateral act?
The Trust Instrument
Introduction
Constitutive nature of trust instrument
Lodgement of trust instruments and access to trust documents
Variation of trust provisions
Termination of a trust
The Trustee
Introduction
Competence to be a trustee
Trustee's appointment
Acceptance of the appointment as a trustee
Trustee's authorisation
Furnishing of security by a trustee
Trustee's fiduciary duty
Co-trusteeship
Trust expenses and trustee remuneration
Litigation by or against a trustee
Breach of trust by a trustee
Insolvency of a trust or trustee
Loss of office by a trustee
Trust Administration
Introduction
Public supervision and control of trustees and trust administration
Trustee's duties wrt trust administration
Common law duties
Trustees powers wrt trust administration
Investment of trust funds
Trustee's failure to administer trust properly
Trust Beneficiary
Introduction
Appointment of a trust beneficiary
Adiation or repudiation by a trust beneficiary
The nature and extent of a trust beneficiary's rights
Devolution of trust benefits to trust beneficiaries
Remedies of trust beneficiaries
Successive beneficiaries and long-term trust dispositions
The Trust in Practice
- Introduction
- The testamentary ownership trust
The inter vivos ownership trust
The bewind trust
The discretionary trust
The business trust
The charitable trust
Miscellaneous practical trust matters
Appendix Trust Property Control Act 57 of 1988
Legislation Register
Index
