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Trustee
When a parent or grandparent dies and leaves something to a child under 18, most families assume the money simply sits safely until the child comes of age. What actually happens is more specific, and more restrictive, than most people expect. Unless a will directs otherwise, a minor’s inheritance in South Africa is paid into...
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One of the most common conversations in South African estate planning goes something like this. A client decides to set up an inter vivos trust, lists all the assets they want to transfer into it, and includes the family home almost as an afterthought. It is their most valuable asset. Surely it belongs in the...
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When most South Africans think about setting up a trust, the conversation quickly turns to tax savings, asset protection, and estate duty planning. What receives far less attention, and deserves far more, is the document that makes the trust legally possible in the first place: the trust deed. A trust deed is not a formality....
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If you are a trustee of an inter vivos trust in South Africa, this question matters more than most people realise. Trustees regularly sign tax returns, manage trust income, and make distributions to beneficiaries, often without understanding the personal legal exposure that comes with those actions. The short answer is yes: in certain circumstances a...
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