Trusts Law

Breaking down the new beneficial ownership reporting requirements for trusts

8th November 2023|Commercial Law, Trusts Law, Uncategorised|

The Amendment Act has introduced new trustee obligations into the existing South African trust law. The changes pertain to the recording and reporting of beneficial ownership of trusts. The aim of this recording is to improve transparency regarding the ownership of trust assets to assist in the combatting of a money laundering and terrorist financing.

Acting without authority: What you need to know before acting as a trustee.

7th November 2023|Commercial Law, Litigation, Trusts Law|

It is vital that a trustee is authorised by the Master before they exercise or undertake any trustee powers or duties. If this is not adhered to, these unauthorised acts are void and of no legal effect. This can place the trust, its beneficiaries and even the trustees themselves, depending on the circumstances, in a precarious position which could have financial or other adverse consequences.

Deceased Estates, the necessity of having a valid will and of course the age old dilemma – “to wed or not to wed…. that is the question”

9th November 2020|Matrimonial, Trusts Law|

With a lack of knowledge of South African law, one could be left with the popular misconception that common law marriages exist and become applicable when living with your partner in a permanent relationship. In the past, if you merely lived as husband and wife, but did not actually get married, you were not protected


Advantages to transferring assets into a Trust

13th March 2020|Trusts Law|

What is a Trust? A trust is a legal institution in which a person, known as a Trustee, holds or administers property, movable and/or immovable, separately from his own, for the benefit of the Beneficiaries of the trust, or for the furtherance of a charitable or other purpose. A trust is created by the Founder


The benefits of registering property (and other assets) in a trust and how to go about it

4th March 2019|Commercial Law, Trusts Law|

The primary reason for setting up a trust is for protection of your assets.  A trust will protect the assets and hard-earned wealth that you have accumulated and will ensure that your legacy is preserved for future generations. Not only can trusts be useful for asset protection purposes, if the creditors of the beneficiary are


Separate enjoyment and control

11th December 2011|Articles, Property Law, Trusts Law|

Trusts are flexible and there is a relative lack of formality in their creation and operation. Trustees and Beneficiaries should be aware that the leeway provided by the wording of the trust deed does not absolve them of the need for accountable administration. In a recent judgement, Land and Agricultural Bank of South Africa v


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