The South African law of trusts with a view to legislative reform

• Main Author: Manie, Latiefa
• Other Authors: Du Toit, Francois
• Language: en
• Published: University of the Western Cape. 2016
• Subjects: South African Law Reform Commission; Abuse of trust form; Third parties; Court; Trust Property Control Act 57 of 1988
• Online Access: http://hdl.handle.net/11394/5349

Doctor Legum - LLD === More than twenty years have passed since the Trust Property Control Act 57 of 1988 came into operation. Although the Act provided context, clarity and regulation in certain areas of trust law, it is apparent that there exists a pressing need to develop statutorily the law of trusts more extensively. To this end, the research has a dual objective: Firstly, to identify those areas of South African trust law that are not currently regulated statutorily but for which, by reason of extensive and, at times, controversial jurisprudential development, such regulation is now essential. Secondly, to analyse critically the Trust Property Control Act in its current form in order to determine the utility of its provisions, particularly in light of jurisprudential development since the Act’s commencement. The purpose of the study is to formulate comprehensive recommendations for legislative reform in the area of South African trust law.