ESTATE
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Julies Attorneys Inc. is a full-service boutique law firm with offices in Johannesburg and Cape Town.

LEADING TRUST LAWYERS IN JOHANNESBURG AND CAPE TOWN

– Leave the legacy of income and property, for your loved ones –

TRUSTS IN SOUTH AFRICA

A trust is an arrangement whereby the property of the trust founder is placed under the control of the trust and managed by trustees, for the benefit of beneficiaries. Trusts are good way of preserving assets for future generations as well as people who are unable to manage their own affairs such as minors, insolvents or those with mental disabilities. Julies Attorneys can discuss various options on how to structure a trust for your specific family assets.

TYPES OF TRUSTS

Trusts are further classified as either inter vivos or testamentary trusts. The inter vivos trust is created through a contract between the founder and the trustees, while the testamentary trust is created by the last will and testament of the testator. It is also possible for a testator to bequeath property to an existing inter vivos trust.

TRUSTS

BENEFITS OF TRUSTS

  • Trusts have many benefits including tax benefits. When the founder donates assets to the trust, then his/ her own estate is reduced, and the deceased estate of the founder will therefore be charges less estate duty.

  • When the founder donates income generating assets to the trust s/he thereby minimises his income tax liability since the property so donated no longer falls into the personal estate of the founder. The income generated by the trust property is taxed in the hands of the trustees or the beneficiaries, as the trust is a taxpayer of last resort. Section 56(1) of the Income Tax Act also provides that no donation tax is payable when property is disposed of, as a donation made in terms of a will (a donation mortis causa). The prohibition on the subdivision of agricultural land in terms of the Subdivision of Agricultural Land Act 70 of 1970 is not applicable to agricultural land transferred to a trust.

  • A trust is also more useful than a fideicommissum as the restrictions applicable to the number of fideicommissarii in terms of the Removal of Restrictions Act 94 of 1965 do not apply to a trust and trust assets can therefore remain in a family until perpetuity.

TRUSTS

LEAVE PROPERTY IN TRUST FOR YOUR LOVED ONES, AS YOUR LASTING LEGACY.

CONTACT JULIES ATTORNEYS INC. FOR EXPERT ADVICE ON TRUST CREATION AND MANAGEMENT.

Julies Attorneys Inc. can act as an independent trustee for your trust.