An overview of the regulation and management of cryptocurrency in South African inter vivos and testamentary trusts.
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Our lives, work, and behaviour have been changed both positively and negatively by the digital presence that has grown tremendously over the last three decades, and with this exponential growth, we cannot predict where we will be, digitally-speaking, in the years to come. As it stands in South Africa and the majority of the world today, we find that the law is yet to catch up to the technological explosion, in particular to the concept of digital assets. Digital material that is produced and purchased form a big part of our daily lives as we continue to consume media online, use social media platforms, and invest in cryptocurrency. The question of whether South African law makes sufficient provision for the incorporation of digital assets and, in particular, cryptocurrency in inter vivos or testamentary trust is yet to be fully established.