TRUST MANAGEMENT OF MATRIMONIAL PROPERTY
By
OSWARD TALAKGALE
(62951815)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: MR LC COETZEE
RRLLB81 ASSIGNMENT 2 / FINAL PORTFOLIO
(2022)
, lOMoARcPSD|14583348
ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware
of Unisa’s policies in this regard.
2. I declare that this assignment is my own, original work. Where
I have used someone else’s work, I have indicated this by using the
prescribed style of referencing. Every contribution to, and quotation in,
this assignment from the work or works of other people has been
referenced according to the prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work
with the intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as
my own.
NAME: ROSINAH MASENAMELA
SIGNATURE:
STUDENT NUMBER: 62286110
MODULE CODE: RRLLB81
DATE: SEPTEMBER
TOPIC SELECTED: MATRIMONIAL PROPERTY LAW
MARK RECEIVED FOR ASSIGNMENT 01: 53
MARK RECEIVED FOR ASSIGNMENT
2
, ABSTRACT
The issue of the status of assets held in a trust, of which one of
the parties to a marriage is a trustee, is one that South African
courts must grapple with. The basic rule is that trust property
shouldn't be included in the trustee's personal estate unless
they are the beneficiary and have a right to it. This research
demonstrates the potential harm that strict adherence to trust-
legal principles in divorce cases may cause to weaker spouses.
In order to determine whether the assets held in a trust would
have been a part of the trustee's personal estate had there been
no trust established, the article contends that courts should
objectively evaluate the circumstances of the cases before
them.
KEYWORDS
Assets, trusts, joint-estate, accrual, administrator.
By
OSWARD TALAKGALE
(62951815)
Submitted in partial fulfilment of the requirements for the degree
BACHELOR OF LAWS
in the
DEPARTMENT OF CRIMINAL AND PROCEDURAL LAW
SCHOOL OF LAW
UNIVERSITY OF SOUTH AFRICA
SUPERVISOR: MR LC COETZEE
RRLLB81 ASSIGNMENT 2 / FINAL PORTFOLIO
(2022)
, lOMoARcPSD|14583348
ACADEMIC HONESTY DECLARATION
1. I understand what academic dishonesty entails and am aware
of Unisa’s policies in this regard.
2. I declare that this assignment is my own, original work. Where
I have used someone else’s work, I have indicated this by using the
prescribed style of referencing. Every contribution to, and quotation in,
this assignment from the work or works of other people has been
referenced according to the prescribed style.
3. I have not allowed, and will not allow, anyone to copy my work
with the intention of passing it off as his or her own work.
4. I did not make use of another student’s work and submit it as
my own.
NAME: ROSINAH MASENAMELA
SIGNATURE:
STUDENT NUMBER: 62286110
MODULE CODE: RRLLB81
DATE: SEPTEMBER
TOPIC SELECTED: MATRIMONIAL PROPERTY LAW
MARK RECEIVED FOR ASSIGNMENT 01: 53
MARK RECEIVED FOR ASSIGNMENT
2
, ABSTRACT
The issue of the status of assets held in a trust, of which one of
the parties to a marriage is a trustee, is one that South African
courts must grapple with. The basic rule is that trust property
shouldn't be included in the trustee's personal estate unless
they are the beneficiary and have a right to it. This research
demonstrates the potential harm that strict adherence to trust-
legal principles in divorce cases may cause to weaker spouses.
In order to determine whether the assets held in a trust would
have been a part of the trustee's personal estate had there been
no trust established, the article contends that courts should
objectively evaluate the circumstances of the cases before
them.
KEYWORDS
Assets, trusts, joint-estate, accrual, administrator.
