Abstract
The problem that arises is whether the literal meaning of the law that provides that trust assets and interests are to be held as property separate from matrimonial property should be upheld or should the court, as the custodian of the law, in a bid to meet the ends of justice, interpret the law in a manner that defines what a legal and true trust is, so as to limit the existence of sham trusts that are created for the sole purpose of avoiding property from being classified as matrimonial property for the purposes of settling divorce litigations.
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