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.
Table of contents
The definition of a trust
The parties to a trust
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
Capital gains tax
Does taxation legislation negate the trust's role as a viable estate planning tool?
The Trust in Legal and Commercial Practice
- 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
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