Why Consider a Trust?
The Risks of Unprotected Assets
Holding significant assets in your personal name exposes them to risks from creditors, business failures, and potential marital disputes. Furthermore, upon your death, these assets are frozen during the lengthy estate administration process. A trust creates a separate legal entity that can own and protect these assets from such vulnerabilities.
A trust separates ownership from control, allowing assets to be managed by trustees for the benefit of others. It provides long-term asset protection, succession planning, and tax efficiency — ideal for families, professionals, and business owners.
Benefits of a Properly Drafted Will:
- Trust Strategy & Consultation: We assess your goals to advise on the right type of trust for your needs, whether it’s a family trust, a special trust, or a testamentary trust.
- Drafting the Trust Deed: This is the trust’s constitution. We meticulously draft it to be legally robust and perfectly aligned with your long-term objectives, to comply with the Trust Property Control Act (No. 57 of 1988).
- Master’s Office Registration of the Trust: We handle the entire registration process with the Master of the High Court.
- Professional Trustee Services: To ensure impartiality and strict legal compliance, we offer our services to act as an independent, professional trustee on your trust.
- Trust Administration: We provide ongoing trust administration services, including the preparation of minutes, resolutions, and annual compliance checks.
- Family Trusts (Inter Vivos Trusts)
Created during your lifetime to manage assets for beneficiaries and ensure intergenerational wealth. - Testamentary Trusts
Established upon death through your will to protect minors or dependants. - Special Purpose Trusts
Set up for charitable, educational, or business purposes under specific tax conditions. - Business Trusts
Used for trading or investment structures, offering operational flexibility and risk mitigation.
- The “Paper Trust”: Simply registering a trust is not enough. If it is not administered correctly, with proper minutes, resolutions, and separate bank accounts, a court can declare it a sham and disregard it.
- Appointing the Wrong Trustees: The trustees have a significant fiduciary duty. Appointing unreliable trustees or failing to have an independent trustee can lead to mismanagement or disputes.
- Using a Generic Trust Deed: A template trust deed cannot account for your specific family dynamics or asset types, and may lack the flexibility or protections you need.
- Not Understanding the Cost and Admin: A trust requires ongoing administration and has costs. Understanding this from the outset is crucial.
- Vague or Outdated Trust Deeds – Lead to disputes or invalid provisions.
- Failure to Register with the Master – Unregistered trusts have no legal standing.
- Non-Compliance with SARS – Tax filings and records must be up to date.
- Ignoring Mediation – The High Court directive promotes mediation for trustee or beneficiary conflicts.
Read About Mandatory Mediation →
- Drafting resolutions and minutes
- Updating beneficiary lists
- Ensuring annual submission to the Master’s Office
- Coordinating with accountants for tax and reporting
- Explore Estate Administration →
- The Founder: The person who initiates the trust.
- The Trustees: The individuals or entities who will manage the trust’s assets.
- The Beneficiaries: The people who will benefit from the trust’s assets.
- The Trust Assets: The initial property or capital to be placed in the trust.
- The Trust’s Objectives: The specific goals you want the trust to achieve.
- Drafting resolutions and minutes
- Updating beneficiary lists
- Ensuring annual submission to the Master’s Office
- Coordinating with accountants for tax and reporting
- Explore Estate Administration →
- Strategic Estate Planners: We view a trust not as a standalone product, but as an integral part of your holistic estate plan.
- Meticulous Drafting: Our legal expertise ensures your Trust Deed is unambiguous and legally sound, providing maximum protection.
- Compliance & Governance Focus: We ensure your trust is managed correctly to maintain its legal protections, protecting you from the risk of it being declared a sham.
- Long-Term Partnership: By offering professional trustee services, we can provide impartial governance and continuity for your trust for generations to come.
- Decades of Expertise: In trusts, estates, and fiduciary compliance.
- Tailored Structures: Designed around family, business, or charitable goals.
- Trusted Fiduciary Partners: Collaboration with accountants and financial advisors.
- Mediation Expertise: Accredited mediator under the Gauteng directive for trust disputes.
Clear Answers • Peace of Mind
Trust Formation FAQs
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