Maryna holds the BA, LLB, LLM degrees and is a Director at the Cape Town branch of STBB. She is an admitted Attorney, Notary Public, Conveyancer and Insolvency Practitioner with many years of experience in the fields of property law, conveyancing and the laws relating to corporate compliance (especially in respect of the FICA and POPIA laws). Up until 2018 she was also head of the firm’s national marketing portfolio. She is a seasoned public speaker and presenter, both in person and online. She prepares text for the majority of STBB’s internal and external publications and is editor and co-writer for two pivotal publications in the South African real estate industry – the ABC of Conveyancing (JUTA) and Delport’s South African Property Law and Practice (JUTA).

Property Law Update | Issue 09 – 2017

TRUST ASSETS IN DIVORCE ACCRUAL CLAIMS: PITFALLS

M v M (332/2015) [2017] ZASCA 5 (9 March 2017)

A trust is a distinct legal concept. Its assets belong to it and not to the trust founder, the trustees or even the beneficiaries. But founders and trustees often misunderstand or ignore these underlying principles and treat the trust assets as their own, the trust becoming an alter ego. On divorce, this scenario is often contentious as a claimant will seek to ‘pierce the veil’ of the trust entity so that its assets are considered assets of the spouse in his or her personal capacity, and hence subject to the accrual calculation. This judgment illustrates many of the considerations that arise and highlights the impact of carefully crafted antenuptial agreements and decisions to hold assets and property in trusts.

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The Judgment
Summary of the Judgment

 

STBB’S STSMA REFERENCE GUIDE

In this, the seventeenth set of notes for your STSMA Reference Guide, regulation 1 of the Act is discussed.

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Regulation 1 & Annexures (Forms)
(N.B. Print in landscape)

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