dc.contributor.advisor | Vorster, I. | |
dc.contributor.author | Lourens, Cornelus Johannes Alexander | |
dc.date.accessioned | 2023-05-08T12:33:36Z | |
dc.date.available | 2023-05-08T12:33:36Z | |
dc.date.issued | 1997 | |
dc.identifier.uri | http://hdl.handle.net/10394/41316 | |
dc.description | LLM (Boedelreg), North-West University, Potchefstroom Campus | en_US |
dc.description.abstract | This study embarks on a basic analysis of the testamentary massing of estates
as an estate planning tool and the implementation of massing as a possible
"estate pegging"- mechanism for purposes of avoiding or minimalising liability for
estate duty. The decision of the Income Tax Special Court in ITC 1387, 46
SATC, which seemingly casts substantial doubt on the merits of massing as an
effective estate planning instrument, is analysed and evaluated. It is respectfully
submitted that the submissions of the respective parties led the court to findings
regarding massing and adiation which may be open to censure. It is submitted
that, notwithstanding the adverse effect the decision in question may have in
particular instances of massing, massing may still serve a useful purpose if
appropriately applied within certain parameters and with due regard to the
circumstances in each individual case. At this juncture, two separate stages in
the process of the testamentary planning of estates where massing is employed
as an estate planning tool is identified, namely the drafting stage and the
evaluation stage. It is suggested that the will should provide for appropriate
alternatives to massing in order to afford the survivor the opportunity of
evaluating and considering various options when called upon to exercise an
election at the death of the first-dying. | en_US |
dc.language.iso | other | en_US |
dc.publisher | North-West University (South Africa). | en_US |
dc.title | Boedelsamesmelting as instrument by boedelbeplanning | en_US |
dc.type | Thesis | en_US |
dc.description.thesistype | | |
dc.contributor.researchID | 10054731 - Vorster, Ignatius (Supervisor) | |