WHAT ARE THE DOWNFALLS OF THE TRUST PROPERTY ACT?

Understanding the Trust Property Act can be challenging, especially when considering its impact on matrimonial property regimes and divorce proceedings. At Burger Huyser Attorneys, we’re here to shed light on the pitfalls of the Act, particularly its silence on the consequences of trust creation in Section 1 and its inability to address instances where trusts are used to sidestep marital regime consequences.

The Act’s limitations can lead to complications, especially when spouses create trusts aiming to avoid the financial implications tied to their marital status. However, case law and legal remedies are available to counteract the misuse of trusts in such scenarios. Our expertise in trust law and matrimonial property regimes positions us uniquely to navigate these challenges, offering strategic guidance to ensure fair treatment and justice in divorce settlements.

Revisiting the legal framework around trusts is essential to better align with current judicial interpretations, ensuring equitable division of assets and proper accrual calculations. If you’re facing legal uncertainties or potential misuse of a trust in your divorce, contact Burger Huyser Attorneys for expert legal advice and representation. Our commitment is to protect your interests and ensure compliance with both the spirit and letter of the law.