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Trusts

Dementia and incapacity: What is a power of attorney and is it forever?

“The number of cases of dementia is estimated to almost triple by 2050” (World Health Organisation) Although the actual prevalence per capita of dementia is reportedly on the decline, aging populations ensure that it is becoming more and more of

CFNotary October 17, 2019October 17, 2019 Trusts Read more

Trustees at war: The removal remedy and its limits

“Animosity and difference of opinion are not sufficient to have a trustee removed from office and/or for the majority of trustees to unilaterally force another to vacate his/her office…” (Extract from judgment below) When family infighting impacts a family trust,

CFNotary March 6, 2019March 6, 2019 Trusts Read more

Suing an insolvent debtor – Can you recover from his trust?

Your debtor owes you a fortune, but when his estate is sequestrated there is nothing in his own name. However you find out that he is trustee of a wealthy family trust with lots of assets that you think are

CFNotary July 2, 2018July 2, 2018 Trusts Read more

Trusts: New directive on independent trustees

If you plan to form a trust, you need to know about a new directive from the Chief Master of the High Court to all Master’s Offices in the country. The directive applies to all new trusts (those “registered for

CFNotary July 4, 2017July 4, 2017 Trusts Read more

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