n Without Prejudice - Call a trust a trust : trust law

Volume 15, Issue 8
  • ISSN : 1681-178X



The right of a party to enter into a contract is governed by the legal status afforded by the various statues and our common law. The status of a trust is, however, shrouded in a cloth of mystery. A trust in terms of our law is not regarded as a legal person, and various issues regarding a trust are governed by the Trust Property Control Act (57 of 1988). However, a trust has been regarded in our case law as a legal institution .

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