Trusteeze
  • About Us
    • About Us
    • Online Solution
  • What We Do
    • Our Services
    • Trust Administration
  • Why a Trust?
  • Types of Trusts
    • Inter Vivos / Living Trust
    • Testamentary / Mortis Causa Trust
    • Discretionary / Ownership Trust
    • Vested / Bewind Trust
    • Special Trust
    • Charitable Trust
    • Empowerment / Employee Trust
    • Asset Protection Trust
    • Trusts for Business Owners
  • Setting up a Trust
  • Articles
  • Resources
    • Trust Admin Checklist
    • Testimonials
    • Media
    • Book
    • FAQ's
    • Podcasts
    • Self Assessment
  • Contact Us
+27 71 883 2628
Trusteeze

Articles

Can you change the name of a trust?

~ Written by Phia van der Spuy ~

February 27th, 2019

A trust is recognised by its unique registration number, and not by its name. One is not required to reserve the name of a trust before it is registered. For companies one has to reserve its name before it is registered. There may therefore be multiple trusts in South Africa with the same name. It is wise not to make the name of the trust too recognisable, such as your surname, so that creditors cannot trace the trust too easily.

When and how can trustees make distributions to beneficiaries?

~ Written by Phia van der Spuy ~

February 13th, 2019

No beneficiary has a right to any distribution in a discretionary trust. An individual may be defined as a beneficiary, but he/she is not entitled to any distribution until such time as the trustees have approved such a distribution.

Important principles to consider for making trust distributions

~ Written by Phia van der Spuy ~

February 9th, 2019

A trust can hold and distribute trust funds at any time, but this must be done in accordance with both the terms of the trust deed and the purpose for which the trust was created. This may involve distributing the income of the trust among family members in a tax effective way over many years, or providing capital from the trust at a time when it will most benefit the beneficiaries in the future, for example when purchasing a home.

Important aspects to remember should a trust acquire properties

~ Written by Phia van der Spuy ~

January 30th, 2019

In view of the fact that trustees cannot enter into agreements until they have been issued with Letters of Authority by the Master of the High Court, it should be noted that no person may enter into an agreement "on behalf of a trust to be formed". This is only possible in the case of companies and close corporations. With regards to a trust, the trust must already be in existence at the time the agreement is entered into.

Be careful when you define beneficiaries in the trust deed

~ Written by Phia van der Spuy ~

January 26th, 2019

The Trust Property Control Act does not specify the requirements or procedures required for the formation of a valid trust. The Master of the High Court may have issued Letters of Authority, and may have assigned a registration number to the trust, but this does not make the trust valid. It is not the Master of the High Court’s duty to test and investigate the validity of a trust. The validity of a trust is usually only challenged by creditors, SARS, a soon-to-be-ex-spouse, and so forth, at a time when it may seem beneficial to such persons or creditors to disregard the trust.

Time to revisit a trust as part of your estate plan?

~ Written by Phia van der Spuy ~

January 16th, 2019

Proper estate planning is widely defined as the arrangement, securement, management and disposition of your estate so that you, your family and other beneficiaries may enjoy, and continue to enjoy, the maximum benefits from your estate and your assets during your lifetime and after your death, no matter when death may occur. This is therefore a great deal more than just the retirement planning performed by most financial advisors.

Can you use a trust to protect your assets while you are alive?

~ Written by Phia van der Spuy ~

January 12th, 2019

Trusts are relevant today if they are used correctly. A very important consideration is the stage in your life that you create a trust. If you form a trust as part of your estate plan and create wealth in a trust, in stead of in your personal name, you can benefit from the trust during your lifetime, not only after your death.

Can you dictate to trustees in your letter of wishes?

~ Written by Phia van der Spuy ~

December 5th, 2018

A letter of wishes is a way for you to inform others of matters to be taken into account after your death. It may, for example, contain guidance to the guardians of minor children detailing how you might want your children brought up in terms of education, religion or residence. A letter of wishes is a separate document to your will, but it accompanies your will. It is not legally binding but can guide your executors and trustees to ensure that your personal wishes are carried out.

  • ‹
  • 1
  • 2
  • ...
  • 22
  • 23
  • 24
  • ...
  • 28
  • 29
  • ›
Copyright © 2025 Trusteeze / All Rights Reserved / Terms / Privacy
Scroll to top