FBE2604
Assignment 2 Semester 1 2024
Detailed Solutions, References & Explanations
Unique number:
Due Date: April 2024
QUESTION 1 (2 ANSWERS PROVIDED)
Legal attributes of a trust include the fact that a trust is not a legal person and therefore
cannot contract in its own name, except in cases where the Companies Act applies to the
trust. Additionally, although the trustee is the legal owner of the trust assets, there is a
distinction between the trust's assets and the private assets of the trustee. Furthermore,
the trust deed may provide for the continued existence of a trust despite changes in
trustees, and both natural and juristic persons can be parties to a trust, whether as founders,
trustees, or beneficiaries. Parties to a trust also enjoy protection against liability for the
debts of the trust, and they do not stand to lose more than what is held in the trust.
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