Legal tips for life partners

The definition of a spouse in the Income Tax Act caters for a person, who is a party to a ‘same-sex or heterosexual union which the commissioner is satisfied is intended to be permanent’ (hereinafter in this article referred to as a “life partner”). Here are a couple of legal and financial implications flowing from […]

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The independent trustee is not a rubber stamp

The case of Land and Agricultural Development Bank of SA and Others v Parker [2004] 4 All SA 261 (SCA) is a landmark judgement in our Trust Law. This decision of the Supreme Court of Appeal has led to the generally accepted norm in South Africa that a family trust should always have an independent trustee. […]

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The removal of trustees

Most trust deeds of family trusts give the trustees a wide discretion in respect of the management of the assets of the trust and the distribution of the income and capital of the trust to the beneficiaries. This statement applies to trusts created while the donor is still alive or in terms of his will […]

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