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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. Available 14 Jan 2019.

Publication Language: English

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ISBN/ISSN: 9780639005171
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ISBN/ISSN: 9780639005164
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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.

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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