Enkele aspekte van boedelbeplanning in huweliks- en gesinsverband

Abstract

In the past few years a number of developments occured in the field of marital goods dispensation. Legislation led, in the first place, to spouses being treated more equally in economic terms, and in the second place also to their being equally taxed in terms of income tax. The same scales are now applicable to all individuals. Following the judgment in Badenhorst v Bekker 1994 2 SA 155(N) it has become clear that excluded assets do constitute part of the insolvent mutual estate. This state of affairs has led to marriages within community of property being regarded as less suitable in terms of estate planning. It is indicated that it is far better, from the point of view of estate planning, to marry out of community of property with the inclusion of the accrual system. Although a marital goods dispensation can be changed with the leave of the courts, it is suggested that spouses should rather use trusts seeing that these constitute a better estate planning instrument. There are certain deductions and rebates (with regard to estate duty) which are applicable to spouses, and these, together with their concomitant obstacles, are discussed. In the final instance the advantages which trusts can offer are discussed. Trusts can effect a significant saving in estate duty and income tax, and are also proposed, as a result of other inherent advantages, as the best form of undertaking.