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Fundamentals of South African Trust Law

This book meets the demand for a text that explains the basic principles of South African trust law.

Publication Language: English
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ISBN/ISSN: 9780639005164

Product details

This book meets the demand for a text that explains the basic principles of South African trust law.

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.

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Table of contents

General Introduction


The definition of a trust

The parties to a trust

Trust property

Trust instruments

Essential features of South African trust law

The Origins of the Trust, and its Reception and Development in South African Law


The history of the trust

The reception of the trust in South African law

The development of the trust by the South African courts and legislature

The trust as a legal person?

The Creation of a Trust


The requirements for the creation of a valid trust

Requirements for the commencement of trust administration

The moment at which a trust comes into being

Is the creation of a trust a unilateral or multilateral act?

The name of a trust

The Amendment of Trust Provisions and the Termination of a Trust


The amendment of trust provisions at common law

The amendment of trust provisions by the High Court in terms of statute

The termination of a trust

The Legal Position of the Trust Founder


Who can be a trust founder?

Transfer of ownership in property by the trust founder

Relinquishment of control by the founder

The Legal Position of the Trustee


Competence to act as trustee

The appointment and authorisation of trustees

The fiduciary position of a trustee

The duties of a trustee

The powers of a trustee

The relationship between co-trustees

Expenses and remuneration of a trustee

Legal proceedings by or against a trustee

Personal liability of a trustee

Insolvency of a trust or trustee

Loss of office by a trustee

The Legal Position of the Trust Beneficiary


Who can be a trust beneficiary?

Appointment of, and acceptance or repudiation by, a beneficiary

The nature and extent of a trust beneficiary's rights

Remedies of a trust beneficiary

Successive beneficiaries and long-term dispositions under a trust

Trusts and Taxation


Income tax

Donations tax

Estate duty

Transfer duty

Capital gains tax

Does taxation legislation negate the trust's role as a viable estate planning tool?

The Trust in Legal and Commercial 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