WT and Others v KT (933/2013)
WT and Others v KT (933/2013) [2015] ZASCA 9; 2015 (3) SA 574 (SCA) (13 March 2015)
The Supreme Court of Appeal held that the assets of the WT Trust, established prior to the marriage and managed by appointed trustees, do not form part of the joint estate of the parties married in community of property. The respondent was never a beneficiary of the trust, nor did she provide the necessary capital for the acquisition of the trust property. The court found no factual or legal basis for the allegations of deceit or misrepresentation by the husband. The principles governing piercing the trust veneer were not applicable, as there was no unconscionable abuse or fraud, and the resp…
Source excerpt
- Discretionary Family Trust
- Joint Estate
- Piercing Trust Veil
- Marriage In Community Of Property
- Trust Property Control Act
- Divorce Act Section 7 3