F.A.Q

To register a Trust, the following documents need to be presented to the Master of the High Court in the relevant provincial jurisdiction in terms of the requirements stipulated in the Trust Property Control Act:

• A cover letter to the Master of the High Court
• Trust Registration and Amendment form (J401)
• Two original signed trust deeds
• Proof of payment of the Master of the High Court’s fee 
• Master of the High Court’s Annexure B form for the fee
• Acceptances of trusteeship by trustee (J417) by each of the trustees, as well as a summary of the nominated trustees’ qualifications and their experience in Trust management. The Master of the High Court must be convinced regarding the trustees’ competency in discharging their duties. If the Master of the High Court is not convinced, they may call for the trustees to put up security, and can insist that the trust be audited.
• A declaration by trustees
• A sworn affidavit signed by the independent trustee
• A certified copy of the Identity Document of each of the trustees 
• Beneficiaries Declaration (J450)
• An undertaking by the auditor/accountant (J405) to administer the accounting records of the trust in accordance with generally accepted accounting practice 

Or simply use us to get your trust registered in under two weeks. Apply Online. Email info@louwrenskoen.co.za to get started. 

The Master can only de-register the trust after termination thereof. The common law comes into effect as the Trust Property Control Act does not make provision for it. 
The following documents are needed for the termination of a Trust:

• A resolution by Trustees confirming the desire to terminate the Trust
• The original letter of authority;
• The closing bank statement reflecting a nil balance;
• Proof that the beneficiaries have received their benefits

Once the Master acknowledges and approves your submission, you will need to visit the closest SARS office for the deregistration of the Trust Tax number.
The following documentation will be required by SARS:

• A resolution by Trustees confirming the desire to terminate the Trust
• A copy of the letter of authority;
• The closing bank statement reflecting a nil balance;
• Proof that the beneficiaries have received their benefits
• Copy of the last Annual Financial Statements, reflecting zero assets and zero loan accounts, with the IT34A assessment.

Or let us assist you with the process. Contact info@louwrenskoen.co.za to get started. 

The typical market cost of setting up a Trust, drafting a Trust deed and finally registering it in South Africa can total anywhere between as little as R7000 to R20 000. A registration fee of R250 is payable to the e Master of the High Court. We charge an all-inclusive fee of R4500. Online Application Process. Two-week registration lead time.  Contact info@louwrenskoen.co.za to get started. 

No, Trusts are not registered with CIPC, but with the Master of the High Court.

Almost any asset can be registered placed in the trust. 

Our typical registration time is two weeks. Contact info@louwrenskoen.co.za to get started. 

The biggest difference between the two is that Living Trusts (Inter Vivos Trusts) are created and handled within the creator’s lifespan. Testamentary Trusts, on the other hand, are created according to the instructions in a person’s Last Will and Testament and go into effect after the death of the testator. Most people prefer a Living Trust.

There are a variety of reasons why a trust should be established

• To provide financially and otherwise for minor beneficiaries
• To honour maintenance commitments in terms of a divorce order and settlement
  agreement.
• Providing for a disabled dependant or aged parent
• Protecting and preserving assets for the next generation
• Serving as a holding vehicle for assets as part of estate planning structuring
• Providing a regular income for favourite charities (public benefit organisations).
• Providing for the dependants of a deceased employee