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Estate planning

Protecting Wealth Across Generations


A trust is one way to arrange for assets to be managed for family members or other beneficiaries. It can be helpful in certain family, estate or business situations, but it brings ongoing costs, legal duties and tax responsibilities. We can explain the planning considerations and, with your permission, introduce you to an independent fiduciary professional who can assess your circumstances. The Legacy Wealth Club does not itself create or administer trusts.

The Legacy Wealth Club does not itself establish or administer a trust. That work is done by an external fiduciary partner, and only if you agree to the referral.

What is a trust?

A trust is a legal arrangement in which trustees manage assets in accordance with a trust deed or other governing instrument for the benefit of designated beneficiaries or purposes.

The trustees have legal duties and must act in accordance with the trust’s terms and applicable law.

A trust is not the same as a personal bank account or a personal investment. The assets are held and managed under the trust’s rules, not as the founder’s own money to use freely.

Three kinds of trust people ask about

01

Family trust

An inter vivos family trust may hold and manage assets for family beneficiaries. Whether that is appropriate depends on the legal and tax position. It does not automatically protect assets from creditors, avoid estate duty or eliminate tax.

02

Testamentary trust

A testamentary trust is created through a valid will. It may be used to manage an inheritance for beneficiaries according to the testator’s instructions. The will itself still has to be properly signed. Start with the Will application.

03

Business-related trust

A trust may sometimes be considered in a business ownership or succession plan. The arrangement must be designed and reviewed by qualified legal, tax and fiduciary professionals.

When a trust might be discussed

  • Managing assets for beneficiaries.
  • Providing for minor or vulnerable beneficiaries.
  • Long-term family wealth administration.
  • Business ownership and succession arrangements.
  • Continuity of asset management.

None of these is a reason, by itself, to form a trust. A specialist has to look at the circumstances.

What the responsibilities include

  • A trust deed has to be prepared by an appropriate professional.
  • Registration and administration go through the Master’s Office.
  • Trustees must be appointed and authorised. Signing a trust deed does not, by itself, authorise a trustee to act.
  • Trustees keep records and prepare financial reporting.
  • The trust may need to register with SARS and meet tax obligations.
  • Beneficial ownership has to be reported where the law requires it.
  • Fiduciary duties continue for as long as the trust does.
  • There are legal and accounting costs.

Ask for a conversation

Considering a Family or Business Trust?

We can help connect you with an appropriate fiduciary specialist to discuss your requirements and determine whether a trust may be suitable.

Preferred contact method

Please do not include identity documents, bank details or policy schedules in this enquiry. If additional information is needed, we will explain how to share it securely. Enquiries are emailed to our team and are not kept in a website database.

Fiduciary services disclaimer

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