This study determines the impact of ESTA on estate planning. The researcher indicates the extent to which ESTA alters the traditional property concept and analyses the practical implications of ESTA on estate planning. It appears, from the research that the traditional property concept has developed to include rights in property which are inferior to traditional ownership. The land reform process creates new rights which are afforded constitutional protection. These new rights create tension between land owners' perception of what their ownership entails, and the reality. The writer attempts to indicate that estate planning may minimize the possible disadvantages of ESTA. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2006.

Estate planning involves managing one’s assets during one’s lifetime and effectively disposing of those assets to intended beneficiaries after death, while also effectively discharging death taxes and other liabilities. Regardless of the many estate planning tools and mechanisms available to curb the effect of death taxes, estate consultants report that South Africans are still not carrying out estate planning. Therefore, the fundamental goal of this study was to determine what antecedents influence estate planning, in an attempt to gather pertinent information to motivate and promote estate planning in South Africa. The other area of interest for this study was to determine if there are relationships between these identified antecedents and estate planning, as well as between death taxes and estate planning in South Africa. The literature review clarifies the concepts of estate planning and death taxes, provides information on the tools available for appropriate estate planning and lists the antecedents that influence estate planning globally. This conceptual framework was used to guide the primary research process in which hypotheses were formulated to provide insight for the research study goals. Non-experimental, quantitative and inferential methods were employed for this study. Primary data was collected via a web-based questionnaire. The questionnaire tested perceptions of estate planning and the antecedents influencing estate planning in South Africa. Owing to the scientific nature of this study, the simple random sampling technique was employed. The SAS package (version 9.2) was used to analyse the data collected. The results of this study are discussed in detail, confirming the relationship between the antecedents and estate planning as well as the relationship between death taxes and estate planning in South Africa. The results of this study further reveal the positive and negative antecedents influencing estate planning in South Africa. In conclusion, the study achievement is presented and recommendations for future research are tendered. / Dissertation (MCom)--University of Pretoria, 2014. / am2014 / Taxation / unrestricted

Magister Legum - LLM / Our lives, work, and behaviour have been changed both positively and negatively by the digital presence that has grown tremendously over the last three decades, and with this exponential growth, we cannot predict where we will be, digitally-speaking, in the years to come. As it stands in South Africa and the majority of the world today, we find that the law is yet to catch up to the technological explosion, in particular to the concept of digital assets. Digital material that is produced and purchased form a big part of our daily lives as we continue to consume media online, use social media platforms, and invest in cryptocurrency. The question of whether South African law makes sufficient provision for the incorporation of digital assets and, in particular, cryptocurrency in inter vivos or testamentary trust is yet to be fully established.

Extension professionals are faced with the challenge of effectively communicating relevant information to an evolving audience with diverse interests. This study utilized mixed methodologies to highlight specific educational programming needs of nonindustrial private forest landowners (NIPFs) in Mississippi. Ten landowner focus groups were conducted during January 2012, followed one year later by the mailing of 3,000 survey questionnaires to Mississippi NIPFs owning 20 or more acres of uncultivated land. Findings indicated NIPFs are more likely to adopt new ideas if educational programming is tailored to their specific needs, indicating the need to group the audience by their interests. In particular, findings showed an increasing need for educational resources, particularly regarding succession management and estate planning. Eighty percent of respondents indicated passing land to heirs was an important or very important reason for land ownership. Results also emphasized the importance of employing new technology as a means for communicating more efficiently.

The problem with which this study is concerned is that of determining the optimal transfer of property from a decedent to his surviving spouse. A secondary problem addressed is whether equity between common law states and community property states in the application of the estate tax provisions has been achieved through the allowance of the marital deduction. From this analysis decision criteria were developed to aid taxpayers and their advisors in determining optimal property transfers to a surviving spouse. Conclusions of the study were the following: (1) The primary concern when formulating an estate plan should be to determine whether any property should be transferred to the surviving spouse. The literature has stressed qualifying transfers for the marital deduction while giving minimal consideration to the wisdom of doing so. This study indicates that in a majority of estates optimal results are obtained by making no transfers to the surviving spouse. (2) Relative after-tax rates of return of the surviving spouse and other beneficiaries are the most important factors in determining optimal transfers to the spouse. This again conflicts with the literature which has emphasized relative estate sizes as the dominant factor. (3) Rates of inflation have minimal influence in determining the size of the optimal transfer. (4) Citizens of common law states are generally favored as opposed to citizens of community property states in the application of the estate tax laws. Citizens of these states have more flexibility in. planning transfers to beneficiaries and may generally do so at a lower tax cost through use of the marital deduction.

Les institutions d’Estate Planning, issues des droits anglais et américain, permettent à une personne physique de transférer un bien, à son décès, à un bénéficiaire antérieurement désigné par lui, autrement que par succession. Il est apparu opportun d’analyser ces mécanismes juridiques dans leur contexte d’origine afin de mettre en oeuvre la qualification téléologique-fonctionnelle. Cette dernière n’a pas permis d’assimiler les institutions anglo-américaines à celles de l’ordre juridique français : elles sont exorbitantes du for.A l’issue de cette démonstration, il a fallu identifier la loi qui leur est applicable. Pour cela,les propositions doctrinales contemporaines ont été éprouvées. En raison des spécificités constitutives de ces institutions d'"Estate Planning", que sont le "right of survivorship", le "life interest" et le contournement de la procédure de "probate", la transposition des actuelles règles de conflits de lois est peu pertinente : les limites du système conflictuel ont été dévoilées. La seule voie qui pouvait encore être explorée, pour accueillir ces institutions dans l’ordre juridique français, était celle de l’émanciper du droit international privé du droit interne. Afin de vérifier la pertinence de l’élaboration d’une catégorie autonome et d’un critère de rattachement qui lui est propre, il a été nécessaire de s’interroger sur l’existence de lois de police et le contenu de l’ordre public international. Aucun de ces procédés alternatif et correctif de la méthode conflictuelle ne constitue un empêchement à l’énoncé de notre proposition de règle de conflit de lois spécifique aux institutions d’"Estate Planning". / Estate Planning institutions, from english and american laws, allow an individual to transfer property at death to a beneficiary previously designated by him, other than by succession. It became necessary to analyse these mechanisms in their original context so as to implement the teleological-functional qualification. This one failed to assimilate anglo-american and french laws institutions. Therefore, they are exorbitant institutions. Following this demonstration, we had to identify the law that is applicable to them. This is the reason why the contemporary doctrinal propositions were tested. Due to the specificities of the Estate Planning institutions –the right of survivorship, the life interest, and bypass the probate process, the implementation of the current rules of conflict of laws is irrelevant. The only way that could be further explored to accommodate these institutions with the french legal system was the international private law empowered the domestic law. In order to verify the relevance of the development of an autonomous category and its connecting factor, it was necessary to consider the mandatory rules and the content of the international public order. None of these methods, neither alternative nor corrective, constitute an obstacle for our proposed specific rule on conflict of laws to the Estate Planning institutions.

published_or_final_version / Urban Planning / Master / Master of Science in Urban Planning

Sectional ownership has introduced several new concepts of property that differ significantly from prevailing as well as common-law concepts of property. The right of extension with regards to sectional titles is one such concept. The right entails a subtraction from the dominium of sectional owners and is widely regarded as a limited real right. It is submitted that the right cannot be categorised into any common-law category. The right is a statutory limited real right sui generis that has its own characteristics with regards to the way it is established, transferred, alienated, burdened or lapses. The right should also be recognised as constitutional property. The study concludes with an investigation into selected aspects relating to the right as an estate asset and points to problems relating to the valuation of the right for purposes of estate, capital gains and donation tax. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2014

O cenário do ciclo de implantação de hotéis apresenta características diferenciadas em relação aos demais empreendimentos de real estate. Dentre essas, se destaca a presença de diversos stakeholders capazes de influenciar de forma direta na configuração do empreendimento. Outra característica é a forte concentração dos processos de suprimento, em particular no final de sua fase de implantação, devido à necessidade de disponibilizar os insumos específicos dessa tipologia de empreendimento, necessários a sua entrada em operação. Esse cenário diferenciado traz ao sistema de gerenciamento de suprimentos do empreendimento demandas não usuais em outros tipos de empreendimentos de real estate, tais como: [1] um acurado processo de controle da baseline do empreendimento, [2] um abrangente processo de controle de escopo dos diversos fornecedores envolvidos, [3] necessidade de uma estreita coordenação da logística de implantação e operacionalização do empreendimento, em particular na área de suprimento. Nesse cenário, o objetivo da dissertação é apresentar diretrizes para os processos de gerenciamento da logística na implantação de hotéis, como parte integrante dos processos do gerenciamento do empreendimento, com foco naqueles aspectos que diferenciam os hotéis dos demais empreendimentos de real estate. O trabalho descreve os resultados dos levantamentos de campo sobre o escopo da implantação de hotéis, com a finalidade de identificar as necessidades desse ciclo. Estes dados, juntamente com uma análise dos processos de gerenciamento de suprimentos versus os requisitos de implantação já mencionados, permitiram estruturar diretrizes para ao gerenciamento dos processos logísticos diante das características da implantação de hotéis. A conclusão desse trabalho é a necessidade de recorrer a processos, que embora típicos do gerenciamento de empreendimentos, não são usuais na área de Gestão de Suprimentos, tais como: (1) processos de controle de escopo, (2) controle de configuração (de escopo e da baseline) e (3) controle de interfaces, aplicados em particular para a gestão da logística envolvida na implantação e operacionalização de hotéis. / The cycle of implantation of hotels is different among others real estate enterprises. There are many stakeholders capable to influence directly in the configuration of the hotel. Another characteristic is the strong concentration of the procurement processes, most in the end of the phase of implantation, due to necessity of the cycle of operation. This differentiated scene brings to the procurement management not usual demands in others real estate enterprises, such as: [1] a strong control of baseline, 2] an strong control process with involved suppliers, 3] necessity to see the needs of operation cycle during de implantation cycle. The objective of the research is to propose guidelines for the processes of the logistic in the implantation of hotels, as an integrant of the processes of management of the enterprise, with focus in those aspects that differentiate the hotels of others real estate enterprises. The research describes the results of the field surveys on the target of the implantation of hotels, with the purpose to identify the necessities of this cycle. These data, together with an analysis of the processes of procurement management versus the requirements of implantation, allowed structuralizing the guidelines for the logistic process. The conclusion of this research is the necessity to appeal the processes, that even so typical of the management of enterprises, are not usual in the area of procurement management, such as: (1) processes of scope control, (2) configuration control (baseline) and (3) control of interfaces, applied in particular for the logistic management of involved in the implantation and the of hotels operation.

The purpose of this study was to determine if there were differences between testate or intestate university employees relative to: 1) demographic characteristics (age, income health, marital status, education, number of children, housing tenure, and gender), 2) planned personal and family retirement income sources (including: savings, individual retirement accounts, mutual funds, stocks and/or bonds, income from property ownership, sale of real estate or other property, annuities, or paid-up life insurance), 3) total number of planned personal and family retirement income sources. The study also examined anticipated decision making difficulty scores on certain housing issues for testate or intestate university employees, to determine if there was a significant difference in university employees' mean decision making difficulty scores on certain housing issues by testacy status, income level, and age, or gender. Data were collected in a 1987 Western Region mail survey (Thinking Ahead to Retirement: Community and Housing Choices), of land grant university employees in nine western states. The sample consisted of 5663 land grant university employees who were at least 40 years of age. Statistical analyses of the data were computed using Chi-square tests, T-tests, and General Linear Models (GLM/ANOVA) procedures with Student Newman-Keuls (SNK) post hoc tests. Chi-square analysis results revealed significant differences among testacy status on all demographic variables. Evidenced by findings, testacy rates were higher among university employees who were 1) older, 2) higher income, 3) higher education level, and 4) male. Chi-square analysis indicates an association between testacy and being married or widowed, having children, and owning one's home. Testacy is more common among university employees who plan more numbers and types of personal and family retirement income sources. Significant differences were also found among testacy status and all of the planned personal and family retirement income sources. Testate employees had significantly larger total number of planned retirement income sources than intestate employees. Testate respondents had a higher mean decision making difficulty score of certain housing issues (1.89) than did intestate respondents (1.86). Results of the decision making question indicate university employees perceptions of how difficult they think it will be to make future decisions about aging and housing issues. GLM /ANOVA results indicated that employees with income above $25,000, aged 40 to 49 years, and male anticipated greater decision making difficulty on certain housing issues than respondents in other categories. Results of this research could be of interest and use to university policy makers, educators, entrepreneurs, and researchers. Applying these results, these groups can target families with high need, and assist these families in achieving personal and family, testacy, and financial goals. / Graduation date: 1991