MJ K v II K (360/2021)
MJ K v II K (360/2021) [2022] ZASCA 116; 2023 (2) SA 158 (SCA) (28 July 2022)
The Supreme Court of Appeal held that the respondent failed to establish any fraudulent or dishonest purpose in the creation or management of the trusts and close corporation. The trusts and close corporation were formed for legitimate estate planning and asset protection purposes, and the evidence did not support the contention that they were the appellant's alter ego or that their assets should be included in the accrual calculation. The High Court erred by straying beyond the issues defined in the pleadings and by finding that the appellant acted with improper motive. The legal basis for p…
Source excerpt
- Accrual System
- Trust Veil Piercing
- Matrimonial Property Act
- Alter Ego
- Redistribution Order