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Trusts: Law and Practice

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Walter Geach with Jeremy Yeats (consulting editor)
ISBN: 978 0 7021 7865 8
321 pages
October 2007

This work elucidates trust law and serves as a practical guide for all stakeholders. It sets out best practice by using examples. Written in a clear and engaging style, it demystifies recent cases that profoundly impact on all trustees, planners and beneficiaries. It helps planners decide if a trust is indeed the most effective way to achieve their objectives. The book guides readers authoritatively though danger areas and intricate tax implications. Trusts: Law and Practice is also essential reading for those providing legal and accounting services to trusts as well as those contracting with trusts in the course of their business.

Contents Include:

  • The nature and use of trusts
  • Different types of trust: different consequences
  • The formation of a trust: legal principles and good business practice
  • Parties to a trust and the nature of a trust instrument
  • The appointment, duties and powers of trustees
  • The rights of beneficiaries
  • Contracting by and with a trust
  • The amendment of trust deeds
  • Trusts compared with other legal forms and entities
  • Termination of a trust
  • Representation of a trust in legal matters
  • Accounting records and financial statements
  • Trusts: advantages, disadvantages and problems
  • Trusts, marriage and divorce
  • Trusts as members of companies and close corporations
  • Trusts, income tax and capital gains tax
  • Trusts, donations tax, estate duty and estate planning
  • Trusts and public benefit organisations
  • Trading trusts
  • Trusts Property Control Act 57 of 1988
  • Index
Of Interest and Benefit to:
  • Trustees and prospective trustees
  • Founders and prospective founders of trusts
  • Beneficiaries
  • Legal professionals and advisors
  • Tax and financial planners
  • Professionals providing legal and accounting services to trusts
  • Academics and students – post-graduate: continuous professional development courses
  • Those who contract with trusts
Key Benefits:
  • Explains practical implications of important, recent case law for all stakeholders
  • Multi-disciplinary, multi-faceted approach
  • Sets out best practice
  • Contains many examples, including examples of accounting statements
  • Includes The Trust Property Control Act 57 of 1988, a user-friendly index and table of cases.


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