Registration of Trusts

We advise our clients on various aspects pertaining to Trust Law.

There are two main types of trust:

  1. Mortis causa trust which is created in a will when you die.
  2. Inter vivos trust which you register at the Master of the High Court.

Registration of Trusts

We advise our clients on various aspects pertaining to Trust Law.

A trust is a separate legal entity with a legal personality. A trust can own or purchase property, shares and other assets. A Trust also has contractual capacity.

Here are some reasons why you should set up a trust

  1. A trust survives the death of the person who set up the Trust. Therefore, it is a reliable way to ensure that your heirs will enjoy their inheritance without incurring debt in the form of Estate Duty. By holding assets in a Trust, the value of an estate is decreased. Any property owned by the Trust upon your death is excluded from the calculation of Estate Duty.
  2. A trust may hold assets in cases where the beneficiary is incapable of doing so due to incapacity (mental or physical).
  3. A trust will protect your assets in the event of your sequestration and can also not be attached by creditors that might have judgements against you.
  4. Should you die without a Testamentary Trust, your heirs that are minor will be unable to inherit assets from your estate. Their inheritance is paid into the Guardian’s Fund. The inheritance is not maximized by investment and there have been issues with gaining access to the funds. A trust will ensure that the inheritance is invested and will provide easy access to funds.

Contact us for additional information on registration of trust services

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