Law of Trusts - Master's course
Law of Trusts is a Master's-level course that can be taken as part of a Master's in Commercial Law.
Course title
Law of Trusts
Course code
PVL5635F
Lecturer
Course overview
The trust institution is very important to the legal practitioner. It is used for wide-ranging purposes, from estate planning and asset management to undertaking business ventures and effectuating testamentary inheritance. A sound understanding of the legal rules governing the South African trust is crucial to putting the trust to optimal practical use.
The Law of Trusts course provides a comprehensive exposition of these rules. The course includes a focus on some unique trust law challenges, such as the impact of constitutionalism and public policy on South African trust law and issues related to the abuse of the trust institution. The course thus engages pertinently with aspects such as fiduciary responsibility, due diligence, ethical conduct, and compliance in the context of the trust institution. The course also engages comprehensively with the Trust Property Control Act and, as such, guides students through the interpretation and application challenges associated with legislation that governs aspects of South African trust law as a legal discipline.
Value of the course
The course provides an opportunity to engage fundamentally with black letter trust law on the one hand, and the influence of open-ended norms (such as public policy) on trust law on the other hand. The course thus fosters a critical understanding of settled trust law principles alongside the more fluid aspects of this legal field. In so doing, the course develops high-level, critical thinking, reasoning, and argumentation skills, applied in the context of a relatively novel area of South African law.
Who is this course suited to?
Students interested in fiduciary practice; estate and/or financial planning; business structures; and the administration of estates.
Degree structure and type
This course can be taken as part of the LLM / MPhil in Commercial Law.
Course combinations that work well with Law of Trusts
Advanced Company Law; General Tax Law Provision; Comparative Law and Business in Africa; Advanced Contract Law