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Article
South Africa - Trusts and the Patrimonial Consequences of Divorce.pdf
Journal of Civil Law Studies (2015)
  • Francois Du Toit, University of the Western Cape
Abstract
This Article analyzes recent South African jurisprudence on claims made to trust property as part of settling the patrimonial consequences of divorce. The Article provides a brief exposition on South African matrimonial property systems as well as a synopsis of South African courts' power to "go behind the trust form" in order to curb the abuse of the trust institution. The Article next critiques recent South African judgments in which divorcing spouses requested that courts, in going behind the trust form, consider trust assets alongside spouses' personal assets or assets in joint estates where the spouses were married in community of property.
Keywords
  • Trust,
  • Divorce,
  • Matrimonial property,
  • South Africa
Disciplines
Publication Date
2015
DOI
http://digitalcommons.law.lsu.edu/jcls/vol8/iss2/8
Citation Information
Francois Du Toit. "South Africa - Trusts and the Patrimonial Consequences of Divorce.pdf" Journal of Civil Law Studies Vol. 8 Iss. 2 (2015) p. 655 - 701
Available at: http://works.bepress.com/francois-dutoit/1/