Ecolex Logo
The gateway to
environmental law
Search results » Legislation

Trust Property Control Act, 2018 (No. 11 of 2018).

Country/Territory
Botswana
Document type
Legislation
Date
2018
Source
FAO, FAOLEX
Long title
An Act to regulate the control of trusts; and to provide for matters connected therewith.
Subject
Land & soil
Keyword
Land tenure Monitoring Ownership Property rights
Geographical area
Africa, Landlocked Developing Nations, Southern Africa
Entry into force notes
This Act enters into force on the day of its publication.
Abstract

This Act aims to regulate the control of trusts and to provide for matters connected therewith. It establishes that if a document represents the reduction to writing of an oral agreement by which a trust was created or varied, such document shall for the purposes of this Act be deemed to be a trust instrument. The Master shall establish and maintain a register of trustees; the register shall be kept at the offices of the Master and shall be open to inspection during office hours to any member of the public upon payment of such fee as may be prescribed. The Master shall - (a) keep the register in such form as may be prescribed; and (b) remove from the register, the name of a trustee who dies, resigns from office or is removed from office. Any provision contained in a trust instrument shall be void in so far as it would have the effect of exempting a trustee from or indemnifying him or her against liability for breach of trust where he or she fails to show the degree of care, diligence and skill as required in subsection (1). The trust property shall not form part of the personal estate of the trustee except in so far as he or she as the trust beneficiary is entitled to the trust property.

Full text
English
Website
botswanalaws.com