The decision of an estate owner to employ a trust as an estate planning instrument normally involves the disposal of all or part of his growth assets to the trust. This is done to ensure that the value of such growth assets is pegged down in his personal estate, whilst any growth in the assets occurs in the trust. The objective is to minimise any estate duty that will be payable after his death. The transfer of such assets and the concomitant negotiation of the settlement of the purchase price are normally agreed to occur on loan account which will be repayable on demand. Subsequent to the disposal of the assets, it is a well established estate planning technique for the estate owner to reduce the loan account by annually waiving R30 000 of such loan in favour of the trust. This results in reducing the debit loan (asset) in the hands of the estate owner and thereby also improving his position from an estate duty point of view. The liability (credit loan) of the trust is thereby annually reduced. Because an individual can donate R30 000 annually free of donations tax, no additional donations tax liability will be incurred when applying this technique. Most estate owners that have applied the abovementioned technique, include in their will a provision whereby they bequeath any outstanding loan from the trust at the date of the testator's death, to the trust as a legatee. On 1 October 2001 South Africa entered into a new tax dispensation with the introduction of capital gains tax (CGT). Comprehensive legislation was included in the Income Tax Act (8th schedule) to regulate this new form of taxation. Paragraph 12(5) of the 8th schedule specifically stipulates that a reduction or waiver of a loan/debt will attract CGT. Therefore the above mentioned techniques of donating a portion, and subsequently bequeathing the outstanding loan amount to a trust suddenly became the target of SARS' close scrutiny from a CGT perspective. Hence, it was no surprise that the first High Court decision on CGT had recently been delivered in this regard. The purpose of this dissertation is to investigate and scrutinise, not only the decision in the abovementioned court case, but also the various opinions and arguments raised on this topic. The submission is that the findings and conclusions of such an investigation should enable those involved in estate planning and the preparation of wills to be wary of the CGT risks attached to the abovementioned techniques and to avoid the pitfalls. Certain recommendations and conclusions to achieve the same estate planning result, are proposed in this dissertation. Certain suggestions were also made with regards to the wording of provisions to be included in a will in order to bequeath a loan or debt to a trust without the risk of attracting unforeseen CGT. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2006.

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

The decision of an estate owner to employ a trust as an estate planning instrument normally involves the disposal of all or part of his growth assets to the trust. This is done to ensure that the value of such growth assets is pegged down in his personal estate, whilst any growth in the assets occurs in the trust. The objective is to minimise any estate duty that will be payable after his death. The transfer of such assets and the concomitant negotiation of the settlement of the purchase price are normally agreed to occur on loan account which will be repayable on demand. Subsequent to the disposal of the assets, it is a well established estate planning technique for the estate owner to reduce the loan account by annually waiving R30 000 of such loan in favour of the trust. This results in reducing the debit loan (asset) in the hands of the estate owner and thereby also improving his position from an estate duty point of view. The liability (credit loan) of the trust is thereby annually reduced. Because an individual can donate R30 000 annually free of donations tax, no additional donations tax liability will be incurred when applying this technique. Most estate owners that have applied the abovementioned technique, include in their will a provision whereby they bequeath any outstanding loan from the trust at the date of the testator's death, to the trust as a legatee. On 1 October 2001 South Africa entered into a new tax dispensation with the introduction of capital gains tax (CGT). Comprehensive legislation was included in the Income Tax Act (8th schedule) to regulate this new form of taxation. Paragraph 12(5) of the 8th schedule specifically stipulates that a reduction or waiver of a loan/debt will attract CGT. Therefore the above mentioned techniques of donating a portion, and subsequently bequeathing the outstanding loan amount to a trust suddenly became the target of SARS' close scrutiny from a CGT perspective. Hence, it was no surprise that the first High Court decision on CGT had recently been delivered in this regard. The purpose of this dissertation is to investigate and scrutinise, not only the decision in the abovementioned court case, but also the various opinions and arguments raised on this topic. The submission is that the findings and conclusions of such an investigation should enable those involved in estate planning and the preparation of wills to be wary of the CGT risks attached to the abovementioned techniques and to avoid the pitfalls. Certain recommendations and conclusions to achieve the same estate planning result, are proposed in this dissertation. Certain suggestions were also made with regards to the wording of provisions to be included in a will in order to bequeath a loan or debt to a trust without the risk of attracting unforeseen CGT. / Thesis (LL.M. (Estate Law))--North-West University, Potchefstroom Campus, 2006.

Thesis (Ph.D. (Chartered Accountancy))--North-West University, Potchefstroom Campus, 2009.

Thesis (Ph.D. (Chartered Accountancy))--North-West University, Potchefstroom Campus, 2009.

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.

Magister Legum - LLM / The utilisation of trusts has become a popular trend among taxpayers, especially high net worth individuals1 (hereafter HNWI) who wish to reduce potential estate duties. The SARS Strategic Plan stated that there is a ‘compliance risk posed by HNWI and the use of trusts to conceal their income’.2 The SARS Strategic Plan announced that trust reform would be prioritised. Minister of Finance, Pravin Gordhan (hereafter Gordhan) referred in his 2012/2013 budget speech3 to various measures proposed to protect the tax base and limit the scope for tax leakage and avoidance. Gordhan reiterated the state’s position regarding the abuse of trusts by indicating that reforms will be made regarding the taxation of both local and offshore trusts which have long been a problem for global tax enforcement due to their flexibility and flow-through nature. National Treasury and SARS are concerned about trusts, largely because of the income-splitting opportunities that trusts afford taxpayers. There are envisaged tax amendments which will impact South Africa’s (hereafter SA) trust landscape and could derail many carefully drafted trust structures. It will thus be important for estate owners to consider these envisaged tax amendments when they come into operation, in order to ascertain the full extent of the implications and then it can also further be determined what the impact of these 1 Income in excess of R7 million, alternatively R75 million in assets. South Afican Revenue Service (hereafter SARS) Strategic Plan (2012/13- 2016/17) 19 available at http://www.sars.gov.za (accessed 6 November 2013) (hereafter SARS Strategic Plan). 2 SARS Strategic Plan 19. 3 2012-2013 budget speech 22 available at http://www.sars.gov.za (accessed 6 November 2013) (hereafter budget speech). 11 changes will be on the effectiveness of the discretionary family trust as an estate planning vehicle in SA in the future. The purpose of this thesis is to determine the impact of the current statutory anti-tax avoidance provisions on the effectiveness of the discretionary family trust as an estate planning vehicle in SA, especially due to the fact that the trust form has been abused in the past for tax avoidance purposes.

C’est désormais un fait acquis : la population française a vieilli. Cette évolution démographique n’est pas sans incidence sur le droit des successions et libéralités. D’une part, la personne âgée est incitée à transmettre précocement aux générations plus jeunes et plus actives. D’autre part, elle est sommée de songer au coût de la prise en charge d’une éventuelle dépendance liée au grand âge. Ces injonctions contradictoires conduisent à adopter une approche différente de l'anticipation successorale. Bien entendu, l'acte d'anticipation sera toujours considéré comme efficace lorsqu’il permettra au de cujus d’imposer durablement sa volonté, au-delà même de la mort. Mais, désormais, l’acte doit en outre faire montre d’une certaine capacité d’adaptation. Face aux différents événements jalonnant une longue existence, les besoins de chacun évoluent, si bien que les arbitrages réalisés plusieurs décennies auparavant se révéleront parfois peu judicieux. C'est pourquoi la stabilité et l'adaptabilité sont désormais devenues les deux caractéristiques primordiales, bien qu’apparemment inconciliables, d’une stratégie de transmission pérenne. Pour triompher de l’épreuve du temps, le projet doit ainsi allier tout à la fois les qualités du chêne et du roseau, c’est-à-dire aussi bien la robustesse de l’arbre séculaire que la souplesse de la jeune plante. / It’s a fact : the French population is aging. This demographic trend has an impact on inheritance law and estate planning. On one hand, seniors are encouraged to hand down property to younger generations early on. On the other hand, they are asked to put aside money for their own care. Estate planning must adapt to this new context. As of now, stability and adaptability are the two primordial characteristics of good estate planning, although they’re apparently irreconcilable. First, you must be sure that wishes will be respected and not betrayed by the heirs after your death. Then, Estate planning will be more efficient if it can adapt. Life changes, needs change, so the elderly must be free to change their mind when a project made years ago becomes irrelevant. To be more efficient, estate planning must combine the qualities of the oak and the reed : the robustness of the old tree and the flexibility of the young plant.

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no abstract provided by author / Master of Science