Christo Mulder Attorneys

Will solar power increase the value of your home?

The upfront investment is high, which you’ll want to recover when you sell. Stage 6 loadshedding is now firmly in effect, many South Africans are without power for up to 12 hours each day, and the threat of Stage 8 blackouts looms large on the horizon. It’s no wonder then that many households are turning […]

Formation of trusts in South Africa

A trust exists when the founder of the trust has handed over or is bound to hand over to another the control of property which, or the proceeds of which, is to be administered or disposed of by the other (trustee or administrator). Anyone who has the capacity to undertake contractual obligations or to make […]

Trustees’ duties and powers

All the powers of a trustee are ‘fiduciary’, which means that they must be exercised as follows: in the best interests of all the beneficiaries; only for the benefit of the beneficiaries and not for third parties; not for the trustees’ benefit, unless specifically authorised; and not to defeat the terms of the trust, but […]

Can trustees ban your pet in a sectional title scheme?

Problems around the ownership of pets are common amongst owners of sectional title properties, but while laws may be imposed by the trustees of the homeowners’ associations, the requirement for a reasonable approach is entrenched in the very laws which govern how a sectional title scheme should be managed. Where the trustees have reasonably, after […]

Why is an independent trustee important?

A well-known court case, Land Bank of South Africa vs JL Parker and Two Others (the Parker case) irrevocably changed the requirements for independent trustees to be appointed and placed renewed focus on the duties and responsibilities of all trustees. What is an independent trustee? . As a result of the Parker case, most Masters […]

How to register an inter-vivos trust?

In South Africa there are mainly two types of trusts that are registered. An inter-vivos trust can be created between living persons, and a testamentary trust is created in the will of a deceased. An inter-vivos trust is registered at the office of the Master of the High Court in whose area of jurisdiction the […]

The advantages and disadvantages of trusts

Trusts have various advantages, but unfortunately there are also disadvantages. Although this is not a complete synopsis of all the pros and cons, it gives a general overview of what’s involved. Advantages: Growth taking place in the Trust assets settles in the Trust and not in your personal estate. By selling the assets to the […]

Is it beneficial to create a trust?

A Trust can be described as a legal relationship which has been created by the founder, who places assets under the control of Trustees. This either happens during the founder’s lifetime (inter vivos trust) or at the death of the founder (testamentary trust). This article will focus on the advantages and disadvantages of an inter […]

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