Freedom of testation is distinct from the right of a testator to nominate the executor of his choosing. Regulation 910 allows for the administration of deceased estates by the surviving spouse, person related by consanguinity ...

It is surmised that the Maintenance of Surviving Spouses Act 27 of 1990 can be classified as a very profound, yet acceptable limitation on a married person’s right to freedom of testation. This research provides an exposition ...

Sections 2(3) and 2A of the Wills Act of 1953 were incorporated into the Wills Act in 1992. The purpose of the two sections was to give the court power to condone a document that did not comply with the formalities for ...

Over the course of the last three decades the trust as an institution has become subject to abuse by trustees and founders alike. The courts have shown their aversion to such abuses by recommending various safeguards to ...

Proper control and management of a school is the difference between a functional and a dis-functional school. The importance of a good relationship between a principal and the governing body, for the proper functioning of ...

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This dissertation examines whether the lack of ready access by trustees to a codified set of their fiduciary duties is contributing to poor governance of trusts and whether setting out these duties in the Trust Property ...

Much focus is being placed on the future viability of trusts as estate planning tools. The Davis Tax Committee has been established with one of its objectives being to investigate and make recommendations, with a view of ...