Surety by a spouse married in community of property – Do I have to consent?
Under the Roman Dutch common law, marriages were ordinarily in community of property and the husband was vested with the marital power. This caused the...
Wills, Estates & Trusts
This topic contains news and insights which examine legislation and case law concerning intestate and testate succession, wills, estate planning, inter vivos and mortis causa trusts, and the taxation of trusts.
Substance over form: A UK judgment about the avoidance of capital gains tax
In the United Kingdom, capital gains tax (CGT) under the Taxation of Chargeable Gains Act, 1992 (TCGA) is charged, inter alia, where a taxpayer disposes...
Realising the full potential of broad-based black economic empowerment trusts
Trusts are regulated by the Trust Property Control Act No. 57 of 1988 (“Trust Property Control Act”) and are defined as the arrangement through which...
Your social media platforms – What happens when you die?
Apart from the usual assets that you leave behind after your death, there exists a whole other range of assets of a digital nature that...
Honoré’s South African Law of Trusts
About this publication:
Trusted for over 50 years, this accessible, comprehensive and practical commentary has been written with the needs of the practitioner, the trustee and the academic jurist in mind.
The sixth edition of Honoré’s South African Law of Trusts…
Provided By Juta
Section pertaining to “surviving spouse” in Wills Act declared unconstitutional
In a landmark case handed down by the Constitutional Court on Friday 29 June 2018 in the matter of Moosa and Others v Minister of Justice and Correctional Services and Others[1], Section 2C (1) of the Wills Act 7 of 1953 (“the Wills Act”), was confirmed to be unconstitutional.…
Provided By Gildenhuys Malatji Incorporated
Interest free loans and trusts
The recent introduction of section 7C to the Income Tax Act brought the taxation of trusts, and the funding thereof specifically, under the spotlight again. Briefly,...
Is your Will valid?
Two things in life are certain – death and taxes. When we die, we have one last chance to do what we want with our...
Trust litigation – Who can institute a claim and which court has jurisdiction?
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...
State sets up trust to compensate victim after four year battle
Towards the end of last year, the Pretoria High Court granted judgment in favour of the plaintiff, Advocate JC van Eeden, who is the curator...
Budget 2018 tax highlights
The Minister of Finance, Malusi Gigaba, delivered South Africa’s 2018 Budget speech to Parliament on 21 February 2018. In his speech the Minister noted that...
Budget 2018 – Key changes
The 2018 Budget was presented by Minister Malusi Gigaba before parliament on 21 February 2018.
The 2018 tax proposals are projected to raise ZAR36 billion.
The key...
Should you be charging interest on loans made to a trust?
When will s7C apply?
Clients who have made, as well as those who are considering making, interest-free or low-interest loans to trusts must take note of...
Death Rehearsal 101 – It’s never too early to get your affairs in order
My uncle, who just turned 95, recently invited me to his death rehearsal. Despite what may immediately come to mind, a death rehearsal is not...
Requirements for drafting a valid will in South Africa
Why do I need a will?
When you kick the bucket, chances are that your estate won’t matter much to you, but do you want your...
Voluntary disclosure of undeclared foreign assets in offshore trusts
In the context of trusts situated in foreign participating jurisdictions, the Common Reporting Standards (“CRS”) require the trustees to identify the settlor, beneficiaries and other...
The Special Voluntary Disclosure Programme: An update and some practicalities and predicaments
The Special Voluntary Disclosure Programme (“SVDP”) kicked off on 1 October 2016 and runs until the end of June 2017. The SVDP consists of an...
The South African taxation of trusts: Recent developments
The Davis Tax Committee’s (“DTC”) first interim report was released in July 2015 (the “First Report”) and made various significant recommendations to the Minister of...
Taxation of investment vehicles in real estate (REITS & controlled companies)
A traffic standstill is rarely the result of retail specials; however, on 28 April 2016 the greater Johannesburg area had a gridlock on major highways...
Proposed changes to interest-free loans to trusts
The draft Taxation Laws Amendment Bill, 2016 (TLAB) was published on 8 July 2016 and contains an interesting proposed amendment to the tax laws governing...
