What this involves
For an existing trust, we also handle ongoing administration: trustee changes, annual duty-of-care and record-keeping compliance under the Trust Property Control Act 57 of 1988, and amendments to the trust deed.
A trust separates legal ownership (held by the trustees) from beneficial enjoyment (held by the beneficiaries) — this is what gives it asset protection and estate planning value, but only if it is run properly as a genuine trust and not just as an extension of one person's personal affairs, which is where poorly administered trusts run into trouble with SARS or creditors.
Trustees have statutory fiduciary duties under the Trust Property Control Act, including keeping proper accounting records, acting jointly where the deed requires it, and lodging with the Master — failure here can expose trustees personally, which is why we build compliance into the trust's ongoing administration rather than treating registration as the end of the job.
A testamentary trust only comes into existence on your death, via your will, and is commonly used to hold a minor beneficiary's inheritance until a specified age — we coordinate this directly with your will drafting so the two documents work together rather than at cross purposes.
How long does it take?
A new trust is usually drafted and registered with the Master within 2 to 4 weeks. Ongoing administration then continues for the life of the trust.
What will it cost?
R9 000 to R18 000 excl. VAT
Covers: Drafting a trust deed and registering it with the Master of the High Court.
Based on 6 to 12 hours of Attorney time at our rate of R1 500 per hour, excluding VAT.
This is an estimate, not a quote. The final fee depends on the facts and how complex your matter turns out to be, and your Attorney confirms it in writing before work starts. Court fees, sheriff’s fees, counsel and other disbursements are charged separately.
Ask for a firm quoteThis page is general information, not legal advice for your situation. See our Disclaimer.