Despite the skepticism with which they are viewed by SARS and the ever-tightening regulatory environment, trusts remain invaluable tools in estate planning. Especially if they are setup to serve a well-planned and predefined purpose.

Another misconception, is that once you have setup a trust no amendment is ever needed in future, or that the trustees / beneficiaries have free reign to administer and use them as they please. As a result, many trusts in existence today are invalid because of legislative or contractual non-compliance.

This article will focus on some vital aspects when considering wills, trusts and estates.