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Query regarding trusts

6 November 2008

The circular issued by the Registrar in Cape Town does not appear to deal with bewind trusts created in a will.

In such a case the property is transferred to the heirs and is not endorsed in terms of section 40. I think the circular could lead to some confusion and and will result in different practices in different registries.
I would be interested in any comments from the Cape Law Society.

John Christie
J Leslie Smith and Company




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