Our Services
Trusts
Trusts are vital tools in estate planning, provided they are set up with a proper purpose in mind. When setting up with this in mind, a trust can form part of any strategy creating a legacy.
We can assist you in setting up either:
- An inter vivos trust (a trust between the living or a group of people) for the benefit of selected beneficiaries (including BBBEE beneficiaries); or
- A testamentary trust (stipulation/provision in a will) for the benefit of the testator’s heirs. Managing a trust, ensuring it is relevant and compliant, or being an appointed trustee, can be quite a tedious process, and strict requirements need to be adhered to. We can guide you and/or your appointed trustees to ensure that they handle matters in terms of prevailing best practice.
Suggested reading and related topics
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Dealing with Disputes Amongst the Trustees of a Testamentary Trust
A matter involving a dispute amongst the trustees of a testamentary trust was recently heard in the Gauteng Division of the High Court. This was the matter between Rademeyer versus Jesseman and two others under case number: 2020/11552 (reportable). In summary,...
Removing Trustees – Not Such an Easy Task…
A trust is defined as "A relationship created at the direction of an individual, in which one or more persons hold the individual's property but subject to certain duties to use and protect it for the benefit of others." In Agricultural Bank of SA v Parker 2005 2 SA...
Caution for Trustees buying Trust property
Often individuals are appointed as the Trustee of a trusted friend or family member’s family Trust. Should, for example, the Trust’s founder pass away and the surviving spouse or the founder’s children wish to sell the Trust assets and dissolve the Trust, may the...