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CLA2601 Assignment 2 (ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED

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Well-structured CLA2601 Assignment 2 (ANSWERS) Semester 1 2025 - DISTINCTION GUARANTEED. (DETAILED ANSWERS - DISTINCTION GUARANTEED!)..... Question 1 Lesego and Phumudzo are the trustees of the Build Your Own Home Trust, which carries on its business in the construction industry. Even though the trust deed of Build Your Own Home Trust does not explicitly authorise the trustee/s to purchase a back actor to excavate and prepare building sites for construction, Lesego and Phumudzo purchase a back actor for the Trust. Considering the requirement that trustees must preserve trust assets, discuss whether Lesego and Phumudzo have acted lawfully. 5 marks Question 2 Boitumelo and John are considering the creation of a trust. They have no previous experience of trusts and approach you for legal advice as they need to understand the meaning and definition of a trust, and the legal nature of trusts. Advise them fully regarding the above aspects. Refer to relevant case law where applicable.

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CLA2601
Assignment 2 Semester 1 2025
Unique Number: 770920
Due Date: 16 April 2025
QUESTION 1

In South African trust law, trustees are fiduciaries who are required to act in the best
interests of the beneficiaries and in accordance with the trust deed. A key duty imposed on
trustees is the duty to preserve trust assets and to act within the scope of their powers as
outlined in the trust deed. In this case, Lesego and Phumudzo, acting as trustees of the
Build Your Own Home Trust, purchased a back actor (excavator) even though the trust
deed does not explicitly authorise such a transaction




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