Article on ‘Piercing of the Veneer’ of a Trust in Divorce Proceedings

Anton Van der Linde recently published an Article entitled, Whether Trust Assets Form Part of the Joint Estate of Parties Married in Community of Property: Comments on ‘Piercing of the Veneer’ of a Trust in Divorce Proceedings – WT v. KT, 79 J. Contemporary Roman-Dutch L. 165–73 (2016). Provided below is an abstract of the Article:

In WT v. KT the Supreme Court of Appeal has limited (and to some extent excluded) “piercing of the veneer of a trust” as remedy in divorce proceedings. The question was whether or not assets of a discretionary family trust created before the parties got married could be regarded as part of the assets of the joint estate of parties married in community of property. The order by the court a quo that the joint estate included the assets of the trust and that they were in fact the husband’s personal assets (and accordingly formed part of the joint estate) was overruled and set aside on appeal.