Category Archives: Trusts Law

Trust Assets: Do they form part of the joint estate?

Trisa Naidu examines the law established in WT & others v KT, the recent judgment handed down by the Supreme Court of Appeal regarded the issue of whether assets of a discretionary family trust form part of the joint estate of parties married in community of property.

The brief  facts:

WT [plaintiff], who was married in community of property to KT [defendant], instituted divorce proceedings in the Gauteng Local Division in January 2010.

KT did not oppose the divorce proceedings neither the ancillary relief sought by her husband... Read More

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