When Conduct Rules Go Too Far: Your Rights in a Sectional Title Scheme
Most conduct rules are practical and uncontroversial. Rules about noise after a certain hour, the storage of items on balconies, or waste disposal procedures are routine. But not all conduct rules stay within reasonable boundaries. Some schemes have attempted to enforce rules or make decisions that restrict residents and third parties in ways the law […]
Forming a Trust in South Africa: Which Type Suits You?
What is a trust? The answer may seem obvious, but in practice, many people get confused as to exactly what a trust is and what such a structure is meant for. In this article, we examine the various types of trust recognised under the South African common law, as well as where the Income Tax […]
Can trustees sell trust property to their own company?
The Supreme Court of Appeal (SCA) recently deliberated on whether a court sanction is necessary to validate the sale of shares owned by a trust to a company controlled indirectly by two of the trustees of the trust. This matter was addressed in the case of Kuttel vs Master of the High Court and Others. Peter […]
Navigating the amendments to the Trust Property Control Act: Beneficial ownerships in South Africa
The Trust Property Control Act, a key piece of legislation governing South Africa’s trusts, recently underwent a substantial transformation with the passage of the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act. This regulatory overhaul was aimed at strengthening the country’s trust governance, a direct response to its greylisting status, and has significant […]