Looking for a trust?
You're in the right place. Please choose from the list in the sidebar or use the form to tell us a little more and we'll get right back to you.
How a trust works.
Here's the complicated legal stuff:
- The Founder (usually you),
- puts the property you are wanting to protect under the administration of
- the Trustees (usually you, perhaps your spouse and an independent professional adviser like a lawyer)
- for the benefit of Beneficiaries (probably you, your spouse and the kids).
The paperwork to make all of this happen and legal is called the trust deed. Our trust specialist will prepare this for you and register it with the local High Court to make sure that it stands up if you ever need it's protection.
Benefits of a trust.
Trusts are not just for rich people. The less you have the more important it is to protect it.
In case you bump into financial difficulties:
- You don't own the property. This means that it can't be taken away from you to pay your personal or your business debts.
- It's much more difficult and expensive for someone to take legal action against a trust. This alone protects you from spurious action.
On your death (sorry - it is going to happen):
- There is no capital gains tax.
- There is no estate duty payable (trusts can't die). This means that your heirs will get far more on your death. It's one of the best ways of providing for your loved ones after your death.
- There are no executors fees.
- Kids under 18 (minors) can be provided for. The South African law doesn't allow minor children to inherit directly. If you die without a will your assets will be sold off and your money given to the government to look after for your children. That's a scary thought!
Tax and trusts.
A trust can reduce your tax bill. It's main purpose is to protect your property but there can be some spinoff benefits like reducing tax. This will depend on your personal circumstances and our team will discuss this with you.
A trust needs to be administered but it doesn't have to be complicated or expensive. The Trust Property Control Act requires that a simple set of financials be prepared every year. These financials don't have to be audited. Beware that people who are not experienced at setting up trusts have been known to make the mistake of including an audit requirement in the trust deed. This makes the trust far more expensive to administer so please use someone who knows what they're doing to set up your trust