Lubbe & Lubbe

Testamentary trusts still have their place

How you can protect your assets from predators—including SARS. Trusts have received a lot of bad press over the past few years, what with SARS taking a dim view of the use of trusts as a means of avoiding tax. A 2008 case involving a property trust, where the beneficiaries were changed in the hope […]

Why is an independent trustee important?

A well-known court case, Land Bank of South Africa vs JL Parker and Two Others (the Parker case) irrevocably changed the requirements for independent trustees to be appointed and placed renewed focus on the duties and responsibilities of all trustees. What is an independent trustee? As a result of the Parker case, most Masters of […]

The importance of trustee meetings and minutes

Trustees should always act in good faith and in the best interest of the beneficiaries. One of the main duties of the trustees is to manage the trust efficiently which requires effective communication between all the related parties. An effective management system should be in place to ensure that the correct decision is made by […]

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