Practice area
Trusts
We take your trust seriously.
A trust is an arrangement that allows trustees to hold assets, without owning them, for the benefit of the trust's beneficiaries. Done right, it is a powerful tool for protecting assets and providing for the people you care about. Done wrong, it is an expensive misunderstanding.
Trusts are governed by the Trust Property Control Act 57 of 1988. A trust needs a properly drafted trust deed, registration with the Master of the High Court, its own banking arrangements, and, most importantly, trustees who actually administer it as a trust. That last part is where many trusts quietly fail. A trust also does its best work alongside a properly drafted will, so the two are usually planned together.
A trust done right can protect the people you love for years. Done wrong, it is an expensive misunderstanding. The difference lies in how carefully it is built, and how faithfully it is run.
How we can help
- Forming trusts and drafting trust deeds
- Registration with the Master of the High Court
- Advice for trustees on their duties
- Fitting a trust into your broader estate plan
Call on us for experienced, specialist advice before you set one up, or if you suspect the one you have is not being run as it should be.
Common questions
No, and that is the point. The trustees hold and administer the assets for the beneficiaries under the trust deed. Treating trust assets as your own personal property is the classic mistake that gets trusts disregarded.
A properly drafted trust deed, registration with the Master of the High Court, trustees authorised by letters of authority, and the trust’s own banking arrangements.
An inter vivos trust is created during your lifetime, often for asset protection or estate planning. A testamentary trust is created by your will when you die, commonly to hold inheritances for minor children until a set age.