Category: Trusts
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Testamentary trusts still have their place
How you can protect your assets from predators—including SARS Trusts have received a lot of bad press over the past few years, what with SARS taking a dim view of the use of trusts as a means of avoiding tax. A 2008 case involving a property trust, where the beneficiaries were changed in the hope…
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So what is the future of trusts?
One of the questions that we are most confronted with by our clients is what the future of trusts are in South Africa. Some questions even point to the misconception that the trust instrument itself as legal form is on the verge of being scrapped in South Africa altogether! The current debate raging is not…
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Using a Trust for Estate Duty purposes
Trusts are popular mechanisms through which individuals often structure their affairs to ensure efficient administration of their estates when they should one day die. One of the many advantages of using a trust is of course that it continues to ‘live on’ despite the fact that any one individual may have died. This in itself…
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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 of the High Court now require…
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Advantages and disadvantages of trusts
Trusts have various advantages, but unfortunately there are also disadvantages. Although this is not a complete synopsis of all the pros and cons, our experience may assist you in making decisions about Trusts. Advantages: Growth taking place in the Trust assets settles in the Trust and not in your personal estate. By selling the assets…