My Spouse Can’t Touch My Assets! They Are In A Trust
In March 2017, the Supreme Court of Appeal (SCA) dealt with the question as to whether the value of certain assets of a trust may be taken into account when determining the spouse’s accrual claim. The aim of this article is to give a short and simple explanation as to how the courts are viewing alter ego trust. An alter ego trust is where it can be shown that assets, seemingly belonging to the trust were in fact the property of the trustee in question. In other words, the trust was merely the trustees alter ego. Now, a spouse can ‘pierce...
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