WT & others v KT (933/2013)[2015] ZASCA 9 (13 March 2015)

The importance of this case is that the court held that if one of the spouses in a marriage in community of property had used a Trust as part of their Estate Planning to hold assets, the law would respect the Trust as being separate to that spouse and would not include the Trust assets as assets of the joint estate in divorce proceedings; provided the trust form had not been abused through fraud, dishonesty or an improper purpose.

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WT & others v KT (2015) ZASCA 9 sca2015-009 SUMMARY whether Trusts asset…

WT & others v KT (2015) ZASCA 9 sca2015-009 whether Trusts assets form p…

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In this case, the court confirmed the approach of adopted by some courts and held that the commencement values stated in the ANC for the purposes of the accrual calculation is just prima facie proof of the values of the estates on date of marriage and that this...

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