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Fundamentals of South African trust law. – 2nd ed

Updated: Jan 8


Du Toit, Francois; Smith, Bradley and Van der Linde, Anton. Fundamentals of South African trust law. – 2nd ed. – LexisNexis, 2023.


ISBN 9781776175963


Partial contents: 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 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 – Personal autonomy, private ownership and freedom of disposition – Limitation of freedom of disposition – SA Courts application of public policy and constitutionalism to trusts – Creation of a trust – 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 – Constitutive nature of trust instrument – Lodgement of trust instruments and access to trust documents – Variation of trust provisions – Termination of a trust – The trustee – 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 – 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 – 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 – The testamentary ownership trust – The inter vivos ownership trust – The bewind trust – The discretionary trust – The business trust – The charitable trust.


Publisher’s summary: ”The new edition includes the full text of the Trust Property Control Act as amended by General Laws Amendment Act, No. 22 of 2022, which takes effect on 1 April 2023. Our panel of experts has updated the work to take these contentious amendments into account. Important new judgments are discussed, including: King v De Jager and Wilkinson v Crawford on the impact of public policy and the Constitution on freedom of disposition and trusts; PAF v SCF on piercing the trust veneer in the context of marriages subject to the accrual system; and Kuttel v The Master of the High Court on discriminatory trustee conduct.”


Price: R 500.00 including VAT, excluding delivery.


The publication can be ordered from the Lexinfo Book Supply Service by sending an email to books@lexinfo.co.za


Posted: 08 May 2023

Updated: 8 January 2024

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