by VDT Attorneys | Feb 27, 2023 | Amendment Act, Beneficial Ownership, Company, Compliance, Fines, Money Laundering, Trust
In South Africa, trusts are regulated in terms of our common law and the Trust Property Control Act 57 of 1988 (“Trust Act”). The Trust Act regulates the administrative aspects of trusts and is the primary statute that governs trust law in South Africa. But why the...
by VDT Attorneys | Nov 22, 2022 | Estate Planning, Trust
A family trust is a trust where the trustees are beneficiaries of the trust and the beneficiaries are related to each other. It has become common practice to use such a family trust created during the life of the trust founders as a tool for asset protection and...
by VDT Attorneys | Sep 15, 2022 | Divorce, sham trust, Trust
A trust is defined as an arrangement where the trust founder transfers ownership in assets to a trust to be managed by trustees for the benefit of trust beneficiaries in accordance with the trust instrument. In this way the founder transfers assets from their personal...
by VDT Attorneys | Oct 12, 2021 | Trust, Will, Wills Act, Wills and estates
In terms of our law of succession, the Master of the High Court can only register and accept wills that comply with all the formalities in terms of the Wills Act. In a case where an original will is lost or destroyed and only a copy of the original will is available,...
by VDT Attorneys | Jun 14, 2021 | Adoption, Dispute resolution, Testation, Trust, Will, Wills and estates
In the past it was uncertain whether an adopted child was entitled to benefit from a family trust as they were not related by blood to their adoptive parents. The Childrens Act 31 of 1937 provided that an adopted child would not by virtue of adoption become entitled...
by VDT Attorneys | Mar 8, 2019 | Child, Commercial, Estate Planning, Testation, Trust, Will
A testamentary trust or trust mortis causa is established in a will and comes into effect upon the death of the testator (founder) of the will. Such trusts are typically used to protect the interests of minors or dependants who are unable to take care of themselves....
