Our Insights

GO
GO
Filter: Accrual
When a spouse hides assets away in a trust…

15 January 2024

In a divorce, it may transpire that one spouse has during the marriage transferred assets to a trust. This raises... the question of whether such trust assets are excluded from the calculation of accrual where the parties are married out of community with the accrual system. In this article, we take a look at what has been termed ‘alter ego’ trusts and how our courts treat these when it comes to divorce proceedings.

READ MORE
2409
Article
The huge implications new court ruling has for marriage and divorce in South Africa

17 May 2022,  Ilze Strydom

A new High Court judgment has far-reaching implications for parties getting divorced and married out of community of property in... South Africa. The effect will be that all parties married out of community of property without inclusion of the accrual system will be able to ask a court for an order for the redistribution of assets, if the necessary requirements are met, regardless of when the marriage was entered into.

READ MORE
3978
Blog
Are shares excluded from my estate’s accrual?

16 October 2019

I’m married out of community with the accrual system. I specifically excluded my share portfolio from my accrual in the... antenuptial contract when we got married. Recently when reviewing my estate planning the question came up whether new shares that I acquired after we got married was also excluded for purposes of an accrual calculation. What is the position here?

READ MORE
872
Article

Subscribe to our newsletters

Stay up-to-date with the latest news, laws, and events.

SUBSCRIBE NOW