Could your trust be disregarded by the courts?
Mar 20, 2021
3 minutes
PHIA VAN DER SPUY
THE fact that you have a written trust deed is no guarantee that your assets are secure and the trust is safe from attack. If you never intended to create a genuine trust from the outset, it may be attacked and labelled a sham trust.
On the other hand, if you created a trust, but have treated the trust assets as if they were your own, your creditors, the South African Revenue Service and perhaps even a soon-to-be-ex-spouse can have it labelled an “alter ego” trust – in other words, an extension of yourself. Despite
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