Divorce, Trusts and Estate Planning
In terms of South African statutory provisions, trust assets vest in a trustee of a trust in his/her capacity as trustee – held separately from his/her personal estate. In divorce matters, in particular where one deals with larger estates, we often find that some, or all, matrimonial assets are held in trusts, created for estate planning purposes or for tax purposes. It is however not unusual for the only substantial asset, such as the matrimonial home, to have been placed in trust by one of the spouses during the course of the marriage....
