25/10/2026 Bertus Preller Alter ego trust, Discretionary family trust, Discretionary trust, Discretionary Trust Divorce South Africa, Divorce, Former spouse, trust beneficiary, Joinder of trustees, Section 13 Trust Property Control Act, Trust beneficiary divorce, Trust joinder divorce, Trust Property Control Act 57 of 1988, Trusts, Trusts alter ego, alternative remedy, anti-dissipation interdict, balance of convenience, company assets divorce, contempt of court order, contingent claim, Die Dros v Telefon Beverages, divorce litigation South Africa, EB v ER, ex parte reconsideration, family trust divorce, freezing order, Gauteng High Court Johannesburg, interim interdict, irreparable harm, KG v Minister of Home Affairs, Knox D'Arcy v Jamieson, out of community of property without accrual, piercing the corporate veil, preservation order, prima facie right, redistribution of assets, Rule 43 financial disclosure, Rule 43 maintenance, S.M v J.M, section 7(3) Divorce Act, section 7(5) Divorce Act, trust resolution independent trustee Freezing the Trust and the Company: Why a Section 7(3) Redistribution Claim Did Not Found a Preservation Order Against Separate Legal Entities in T.J.R v S.L.R and Others (2026-000369) [2026] ZAGPJHC 1181 (8 October 2026). This case concerns a wife, married out of community of property without accrual, who sought interim preservation orders over assets held by a family trust and a company controlled by… READ MORE
27/04/2024 Bertus Preller Accrual Calculation, Divorce, Hiding Assets, Marital Regimes, Trusts, Trusts accrual system, alter ego, asset protection, Badenhorst v Badenhorst, best interests of children, Constitution, Divorce, economic inequality, equality, estate planning, fact-specific enquiry, gender, Judicial Discretion, Matrimonial Property Act 88 of 1984, piercing the trust veneer, RP v DP, sections 9 and 28, sham trust, substantive equality, transformative constitutionalism, trusts, unfair discrimination, Van Zyl v Kaye Piercing the Trust Veneer in Divorce: A Constitutional Approach to Achieving Equity (Matrimonial Property Act 88 of 1984; Badenhorst v Badenhorst 2006 (2) SA 255 (SCA); RP v DP 2014 (6) SA 243 (ECP)). Introduction The accrual system, as set out in the Matrimonial Property Act 88 of 1984 (hereafter referred to as the MPA), is a matrimonial property regime that aims to recognise… READ MORE