Trusts & estates

Trust formation and management is one of our fields of expertise. Professional advice is particularly important in the complex and ever-changing legislation and case law of trust and estate management. Benefit from top class advice as we supply comprehensive trust and estate administration services giving you peace of mind that you have your affairs in order. Our current clients can attest to this! 

What is a trust?

A trust is a legal entity of 3 parts (founder, trustee/s and beneficiaries) through which “the Founder” of the trust can transfer assets to a second party “the Trustees” for the benefit of a third party “the Beneficiaries” The Trust Deed, basically a contract, specifies all the crucial details of the trust as set up between the Founder and Trustees. 

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What is the purpose of a trust?

A trust is generally used as part of estate planning to protect assets held for the benefit of those who can’t manage the assets themselves (for example: children) all the way through to helping individuals of high-net worth to implement wealth preservation strategies, estate and succession planning. The advantage of a trust is that they are very flexible allowing for quite specific tailoring to meet unique circumstances. 

Need a trustee, help with setting up a trust or estate administration?

Why set up a trust?

There are a variety of reasons: 

  1. To protect, preserve and manage the assets (e.g. property, artwork, investments, business interests, etc) for the next generation and/or create a legacy. 
  2. To protect the assets of a disabled dependent or an aged parent who is unable to manage money or assets themselves.  
  3. To preserve cash or investments to be utilized for the education of one’s children. 
  4. To assist with the implementation of estate and succession plans. 
  5. For charitable purposes or other special causes. 

What we offer.

We have experienced staff able to provide you with a full-service offering, including: 

  1. The formation of trusts. 
  2. Trust administration: such as registering changes to the trust deed, beneficiaries and trustees with the Master of the High Court. 
  3. Independent trustee: appointed in trusts where all the trustees are all beneficiaries and related. 
  4. To help in the drawing up of a last will and testament. 
  5. Aiding with the compiling and changing of special wishes. 
  6. Assisting in the winding up of an estate. 
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Talk to us about the best way to structure your trust/estate today.

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What are the benefits of setting up a trust?

Trusts are a tax-effective flexible option for the protection of assets and estate planning. They are ideal when an individual wants to protect their wealth for the continuity of a business or the protection of family members interests. It is important to obtain professional advice when structuring a trust to specific needs.

By law in south Africa all trusts must be registered with the Master of the High Court and there is a once-off fee for the drafting and registering of a trust. It is important (and advisable) to appoint a professional trustee to administer a trust and guide trustees in the management of the trust fund.

Types of Trusts

The type of trust varies according to a variety of circumstances or requirements.

Special Trusts

Set up for the protection of minors or beneficiaries with disabilities.

Inter Vivos (family) Trusts

These are set up while the founder is still alive.

Mortis Causa

Created in the terms of the will of a deceased person.

Charitable Trusts

Set up for the advancement of a charitable purpose.