The abuse of the trust (or: "Going behind the trust form") : The South African experience with some comparative perspectives

De Waal, Marius J. (2012-10)

Please cite as follows:

De Waal, M. 2012. The abuse of the trust (or: "Going behind the trust form"): The South African experience with some comparative perspectives. The Rabel Journal of Comparative and International Private Law, 76(4):1078-1100.

The original publication is available at http://www.mohr.de/index.php?id=322&L=1

Article

INTRODUCTION: Sometime during 1994 a trust was created with a certain Mr. Badenhorst, a successful farmer near a small South African town, as one of its trustees. At the time he was happily married. The marriage between Mr. Badenhorst and his wife was out of community of property, meaning that each one of the parties to the marriage had an own separate estate (or “patrimony”).

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