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Common Estate Expenses you Should Prepare for in South Africa
No one enjoys thinking about the costs that arise after a death, but careful planning for estate expenses is one of the biggest gifts you can leave your family. In South Africa, the administration of a deceased estate triggers a sequence of fees, taxes, professional...
Everything You Need to Know About Co-Trustees
A well-structured trust can preserve family wealth, protect vulnerable beneficiaries, and deliver tax and governance benefits that last for generations. At the heart of every successful trust is a competent board of trustees. Increasingly in South Africa, that board...
Everything You Need to Know About Estate Duty
Estate planning is an essential part of managing your wealth and ensuring that your assets are distributed according to your wishes. One of the most significant considerations in estate planning is estate duty, a tax imposed on the estate of a deceased person before...
Understanding Capital Gains Tax in South Africa
Capital Gains Tax (CGT) is an important consideration for individuals, businesses, and trustees in South Africa. Whether you are selling a property, managing a trust, or planning your estate, understanding how CGT works can help you minimise tax liabilities and ensure...
Fundamentals of Buying and Selling Property From Deceased Estates in South Africa
When someone dies, their assets and liabilities fall into a deceased estate that must be wound up under the supervision of the Master of the High Court. One of the most valuable—and emotionally charged—assets in any estate is fixed property. Whether you are an...
Everything You Need to Know About a Beneficiary Register for South‑African Trusts
A South‑African trust can be a powerful vehicle for asset protection and estate planning – but only when it is transparent, compliant and well‑governed. Since 1 April 2023, sweeping amendments to the Trust Property Control Act 57 of 1988 have forced trustees to up...
Understanding Estate Liquidity in South Africa
Estate planning is not just about who inherits your assets; it’s also about how easily those assets can be converted into cash to settle debts, taxes, executor’s fees, and day-to-day expenses while your estate is being wound up. This ability to pay inevitable costs...
What is Trust Abuse
Trusts are widely used in South Africa to preserve family wealth, ring-fence assets from creditors, and provide long-term financial security for future generations. When executed correctly, a trust is a robust fiduciary vehicle that separates ownership (held by the...
CREST TRUST – HISTORY WITH A FUTURE
You are sitting in the shade today because someone planted a tree a long time ago. -Warren Buffet Crest Trust was founded by Ian Brink on the 1st of July 2005 and celebrates its 20th year in the fiduciary industry as a well-established role player. Crest Trust was...
Considerations When Naming a Trust as a Beneficiary in Your Will
Having a watertight Will is the cornerstone of effective estate planning, but many South Africans overlook one powerful tool that can make a big difference to their legacy: appointing a trust as a beneficiary. A trust can safeguard assets for minor children, protect...
Fundamentals of Estate Duty in South Africa
When it comes to estate planning, one of the most important considerations is understanding estate duty. In South Africa, estate duty is a tax that can significantly impact the value of an inheritance. While often overlooked, proper planning around estate duty can...
Everything You Need to Know About Bequeathing Fixed Property in South Africa
Bequeathing fixed property—such as a home, farm, or commercial building—is a significant aspect of estate planning in South Africa. While it may seem straightforward to leave property to a loved one in your will, the process involves several legal, financial, and...
The Difference Between an Insolvent Estate and an Estate with a Cash Shortfall
When a loved one passes away, the administration of their estate can be a complex and emotionally taxing process. One of the most challenging situations arises when the estate does not have enough money to meet its obligations. In South Africa, this can manifest in...
The Importance of Beneficial Ownership Registration for Both Trusts and Companies
In today’s evolving regulatory landscape, beneficial ownership registration has become a crucial requirement for both trusts and companies in South Africa. This process is essential for ensuring transparency, compliance, and accountability, particularly in light of...
Important Aspects of Estate Planning for Business Owners
Estate planning is an essential process for anyone who wants to ensure their assets are protected and efficiently transferred to their heirs. However, for business owners, estate planning takes on an added level of complexity. Without a structured plan, a business can...
Understanding the Conduit Principle in Trusts and the Recent Ruling
The conduit principle is a cornerstone of trust law and estate planning in South Africa, playing a significant role in the taxation of income and capital gains within trusts. However, recent court rulings have sparked debates about its application, leaving trustees...
The Basics of Taxes for Trusts in South Africa
Trusts are widely used in South Africa as a vehicle for estate planning, asset protection, and wealth transfer. While they offer several benefits, trusts also come with specific tax obligations and advantages that trustees and beneficiaries need to understand. In this...
Everything You Need to Know About Divorce and Trusts in South Africa
Divorce is a challenging time for all parties involved, particularly when it comes to dividing assets. In South Africa, trusts are often used as an estate planning tool to protect assets, but they can also complicate matters during a divorce. Understanding how trusts...
How Marital Regimes Impact Your Will in South Africa
Estate planning is a critical part of securing your legacy, and understanding how your marital regime affects your Will is an essential step in the process. In South Africa, marital regimes dictate how assets are managed during the marriage and what happens to them...
What is a Codicil?
When it comes to estate planning, life’s changing circumstances might require you to adjust your will. This is where a codicil comes into play. A codicil is a legal document used to amend or supplement an existing will without rewriting the entire document. It ensures...
The Purpose of a Guardian Clause in a Will
When drafting a will, ensuring the welfare and security of minor children is a top priority for many parents. One critical provision that addresses this is the guardian clause. This clause outlines who will take on the legal responsibility of caring for minor children...
Understanding Limited Rights to Property in a Will
When drafting a Will in South Africa, testators may choose to limit how certain beneficiaries can use or control specific property. These limitations are often used to achieve particular purposes, such as protecting assets, ensuring family continuity, or granting only...
The Process to Deregister a Trust in South Africa
Deregistering a trust in South Africa is a significant legal step involving a series of administrative actions and compliance with legal requirements. Trusts are generally created to protect and manage assets for beneficiaries, but there may come a time when a trust...
The Dispute Resolution Procedure for Wills in South Africa
Disputes regarding Wills are often a source of tension and distress within families, especially when beneficiaries or other parties feel the terms of the Will are unfair, unclear, or invalid. South African law provides clear guidelines for contesting a Will, but it is...
What is the Renunciation of Inheritance in South Africa?
Renunciation of inheritance sometimes referred to as "disclaiming" an inheritance, is a legal process in which a beneficiary refuses or declines to accept assets left to them in a Will or through intestate succession (when there is no Will). While inheriting assets...
Everything You Need to Know About a Joint Will in South Africa
A Will is a critical legal document that ensures your wishes are honoured and your assets are distributed according to your intentions after your death. While individual Wills are more common, some couples may consider drafting a Joint Will. Understanding the nuances...
The Legal Grounds for Contesting a Will in South Africa
Contesting a Will in South Africa can be a complex and emotionally charged process. However, there are legal grounds upon which a Will can be contested if you believe that it does not reflect the true intentions of the deceased or if there are questions about its...
What Happens if You Die with No Will in South Africa
Dying with no Will in South Africa, legally termed as dying intestate, can have significant consequences for your estate and your loved ones. The Intestate Succession Act governs the distribution of your assets if you pass away without a Will. This blog explores the...
Understanding the Purpose of a Will in South Africa
In South Africa, understanding the purpose of a Will is crucial for ensuring that your assets are distributed according to your wishes after your death. A Will, also known as a Last Will and Testament, serves as a legal document that outlines directives for the...
Department of Justice and Constitutional Development places senior managers and other officials in the Masters Offices on precautionary suspensions
In 2020, the SIU began a wide-ranging probe in the financial affairs of the Masters Office. In terms of the Proclamation R7 of 2020, the SIU investigated allegations of maladministration in connection with the affairs of the...