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The benefits of creating a trust

16 May 2018

Trusts are well-known to facilitate effective estate planning and continuity planning strategies. That said, setting up a trust – whether... an inter vivos (between the living) or a testamentary (created in a will) − should be carefully considered and not just implemented blindly.

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335
Article
Trust litigation – Who can institute a claim and which court has jurisdiction?

09 May 2018

This article deals with the questions of who can institute litigation on behalf of a trust, as well as with... the question of how jurisdiction is determined with regards to trusts.

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462
Article
Who can institute a claim and which court has jurisdiction?

17 April 2018

This article deals with the questions of who can institute litigation on behalf of a trust, as well as with... the question of how jurisdiction is determined with regards to trusts.

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648
Article
Is the interest-free loan to a trust dead?

08 March 2017

For estate planning purposes a few years ago I moved some of my assets into a family trust and financed... the disposal to the trust with an interest free loan in my name. I understand that recent tax amendments will now impose unfavourable tax consequences on me in relation to this interest free loan. Is this true?

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433
Article
Is it beneficial to create a trust?

22 June 2016

A Trust can be described as a legal relationship which has been created by the founder, who places assets under... the control of Trustees. This either happens during the founder’s lifetime (inter vivos trust) or at the death of the founder (testamentary trust). This article will focus on the advantages and disadvantages of an inter vivos trust.

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348
Article
So when am I authorised to act as trustee?

23 March 2016

The Trust Property Control Act 57 of 1988 defines a trustee as meaning “any person (including the founder of the... trust) who acts as a trustee by virtue of an authorisation under Section 6.” In the matter of Lupacchini vs Minister of Safety and Security (16/2010) [2010], ZASCA 108   (17 September 2010), the position of a trustee acting without the authorisation of the Master was considered, where that “trustee” authorised legal proceedings.

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460
Article
Advantages and Disadvantages of Trusts

23 February 2016

Trusts have various advantages, but unfortunately there are also disadvantages. Although this is not a complete synopsis of all the... pros and cons, our experience may assist you in making decisions about Trusts. dvantages, but unfortunately there are also disadvantages. Although this 

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2424
Article
Can donations tax be payable on a sale of property?

13 October 2015

I recently established a trust. I want to sell one of my properties to the trust by way of an... interest-free loan with the trust owing me the purchase price of the property. However, I was advised that such an interest-free loan may give rise to donations tax. Is this so? Is there any way to avoid this?

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391
Article

BEST LEGAL Q&A 2021, EDITION 6

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BEST LEGAL Q&A 2021, EDITION 6

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