A trustee holds legal title to property for the benefit of another, and consequently has the power to bring actions at law against third parties who harm the trust property. These legal actions are restricted by the statute of limitations applicable to tort or contract matters. The trustee is also p...   MORE>>

Introduction

The duty to effect an appropriate mode of payment to minor beneficiaries under section 37C of the Pension Funds Act 24 of 1956 (the Act) has been the subject of several determinations issued by the Pension Funds Adjudicator (the Adjudicator). Section 37C, as amended, of the Act conte...   MORE>>

INTRODUCTION

This Article discusses how litigation relating to the administration of estates and trusts might be reduced through by careful planning prior to the property owner’s transfer of wealth during lifetime or at death. As the article details, litigation involving trust and estate matter...   MORE>>

INTRODUCTION

A recent advertisement for the American Family Life Assurance Company ("AFLAC") shows the iconic Yogi Berra deadpanning that you need AFLAC so that "when you get hurt, and miss work, it won't hurt to miss work."[1] But what happens when your insurance company does not disperse your ...   MORE>>

Note to Retirees: Beware the Family[1]

INTRODUCTION

Abuse of the elderly is an escalating problem, due in part to the rising number of elderly people.[2]  Like child abuse, exploitation of the elderly is difficult to identify and prosecute.[3]  As a demographic, the elderly share characteris...   MORE>>