Fundamentals of SA Trust Law 2 Ed
Fundamentals of SA Trust Law explains the basic principles of SA trust law and includes recent amendments effective 1 April 2023.
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Product description
Fundamentals of SA Trust Law explains the basic principles of SA trust law and includes recent amendments effective 1 April 2023.
This work offers a concise and comprehensive exploration of the fundamental principles that underpin South African trust law. It covers a wide range of issues relevant to trusts in both legal and commercial practice. Delve into the intricacies of trust law with this valuable resource.
The latest edition features the complete text of the Trust Property Control Act, as amended. A team of experts provide insights on recent changes. The work delves into significant recent judgments that shed light on critical aspects of trust law. Noteworthy cases such as King v De Jager and Wilkinson v Crawford explore the influence of public policy and constitutional considerations on freedom of disposition and trusts. PAF v SCF delves into piercing the trust veneer in the context of marriages subject to the accrual system, while Kuttel v The Master of the High Court examines discriminatory trustee conduct. Stay informed with this updated edition, providing insights into the evolving landscape of trust law.
This book presents concepts in a clear and straightforward manner, striking a balance between simplicity and extensive coverage. It serves as an excellent student text, providing a solid introduction to trust law. Additionally, it caters to non-legal practitioners who seek to understand the subject without a legal qualification. Whether you're a student, a non-legal professional, or an experienced practitioner, this book offers valuable insights and serves as a reliable reference for trust law.
Available in print and ebook format.
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
