June 13, 2017

The benefits of creating a trust

The benefits of creating a trust Trusts are well-known to facilitate effective estate planning and continuity planning strategies. That said, setting up a trust – whether an inter vivos (between the living) or a testamentary (created in a will) − should be carefully considered and not just implemented blindly.    The difference between testamentary and […]
April 4, 2017

Owning property without a Will

Owning property without a Will If you die without a Will, an administrator will have to be appointed to administer your estate which will be distributed according to the laws of intestate succession. As such, your assets may not be distributed as you would have wished. It also means that the process will be delayed […]
November 1, 2016

How do I register a trust?

How do I register a trust? A trust is an agreement between the person who owns the assets and the appointed trustees. A trust can be a good way to preserve your wealth for your family and children. A well-managed trust will make sure that anyone who is a beneficiary of the trust benefits from […]
August 25, 2016

How to register an inter-vivos trust?

How to register an inter-vivos trust? In South Africa there are mainly two types of trusts that are registered. An inter-vivos trust can be created between living persons, and a testamentary trust is created in the will of a deceased. An inter-vivos trust is registered at the office of the Master of the High Court […]
July 1, 2016

How do I register a trust?

How do I register a trust? A trust is an agreement between the person who owns the assets and the appointed trustees. A trust can be a good way to preserve your wealth for your family and children. A well-managed trust will make sure that anyone who is a beneficiary of the trust benefits from […]
July 1, 2016

The Living Will

The Living Will Most people are familiar with a will or testament and understand the importance of having this legal declaration drafted, by which the testator nominates an executor to manage his or her estate and provide for the distribution of his or her property to beneficiaries when he or she dies. But how many […]
December 10, 2015

Inter-Vivos Trusts and Testamentary Trusts

Inter-Vivos Trusts and Testamentary Trusts Much ignorance exists regarding the use of trusts during bequests. This article will endeavour to shed some light on this important issue. An Inter-Vivos Trust is also known as a living or family trust as it is set up during your lifetime. A trust is the ideal long term structure […]
October 29, 2015

The importance of the independent trustee

The importance of the independent trustee A well-known court case, Land Bank of South Africa vs JL Parker and Two Others (the Parker case) irrevocably changed the requirements for independent trustees to be appointed and placed renewed focus on the duties and responsibilities of all trustees. As a result of the Parker case, most Masters […]
August 7, 2015

Is it beneficial to create a trust?

Is it beneficial to create a trust? A Trust can be described as a legal relationship which has been created by the founder, who places assets under the control of Trustees. This either happens during the founder’s lifetime (inter vivos trust) or at the death of the founder (testamentary trust). This article will focus on […]