Books > Law > Laws of other jurisdictions & general law > Private, property, family law > Personal property law > Wills & probate
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How to Put Your Assets in Trust, Even in Wills! (Paperback)
Loot Price: R686
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How to Put Your Assets in Trust, Even in Wills! (Paperback)
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"This handbook manual is a simple general restatement of the law of
trusts. In it, the author has in straightforward language
highlighted the importance of trusts in modern society and has
explicitly compared and contrasted them with wills. What is also
contained is a look at other concepts and principles which have an
impact on the complex law of trust. The essential elements of a
trust are also explained. Categorization of trusts into
constructive, discretionary, protective, fully secret, half secret,
resulting and charitable trusts is also concisely dealt with.
Mutual Wills are dealt with together with secret Appointment,
retirement, removal of trustees, powers, of trustees and investment
duties of trustees are explained. The importance of trust
corporations in rendering executor and trustee services is also
dealt with. Trusts in customary law are in an outline form dealt
with in the concluding chapter. All this is dealt with in simple
straightforward language in the handbook manual and is therefore
useful in a study of trusts. ......... I therefore recommend this
handbook as useful for law students and paralegal officers and in
particular all those engaged in the provision of trustee services.
This handbook is also suitable for all those studying law as an
optional curricula subject and is a simple guide for the legal
practitioner. Little has been written on probate practice since and
before the enactment of the Law of Succession Act. This book
therefore acts as a watershed on a topic mostly, if not all the
time, treated with awe. It is a simple analytical restatement of
the basic legal principles both on substantive and practical
probate law. Such vital practical aspects in probate practice as
the mode of execution and revocation of wills including validity
thereof are covered including most contentious subject on
dependency. The book is dotted with hallmark court decisions
reproduced in simple form to assist any reader. After all, case law
is the principle ingredient of probate practice. Nevertheless, the
author has managed to put across the message about the vitality and
complexity of probate law and practice as is demonstrated by his
attempt to tackle a subject as intricate as perpetuities. Whilst
briefly tackling this very demanding topic of validity of
dispositions, the author makes a curious reader understand the
future need for a greater in-depth analysis of this topic. In a
subject as complex in language and construction as probate law, the
author has meticulously used concise simple language with constant
fluency that any reader interested in this important subject will
find the book worth reading and educative. The book's most poignant
message is that one must make a Will and not only a Will but a
valid Will for the sake of posterity. I endorse this message and
concur with the author's introductory statement that, and I quote,
"the cost of a Will is not high, especially compared with headache
and confusion that may be caused after your death if you leave no
Will or a badly drafted Will." The level of our development and the
changing social, cultural and traditional systems will make it
imperative that we develop a habit of making Wills. Whilst a Will
need not be in any prescribed format, it is my hope that future
publications on this subject will be supplemented with a sample of
demonstrative wills for greater practical clarity. Though it is not
mandatory to consult a lawyer while making a valid Will, the author
has highlighted, and rightly so, the necessity of seeking proper
legal advice to ensure adequate guidance and thus avoid resulting
pitfalls of subjecting a Will to protracted litigated construction
suits. I recommend the reading of this book to all legal
practitioners mainly as a handy guide on day to day ordinary
probate business." S. AMOS WAKO, EBS, EGH, MP ATTORNEY GENERAL
General
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