A trust can be defined as an arrangement by means of which the ownership of assets or funds, is placed under the control of a trustee, to the benefit of beneficiaries, in terms of a trust deed. 

The trust deed determines matters such as the nature and scope of the trust, appoints beneficiaries of the trust, and also confirms the trustees of the trust. The powers of the trustees are contained in the trust deed, subject to the Trust Property Control Act 57 of 1998. 

An inter vivos trust is a trust which is formed during the lifetime of a founder whereas a mortis causa trust is created in terms of a person’s will, and is formed after such person passes away.

There are various formality requirements for the creation of a trust, which only comes into existence once registered with the Master of the High Court.

We attend to all trust related matters including general advice, drafting of trust deeds, drafting of testamentary trust deeds contained in wills, registration and amendment of trusts, administration of trusts, dissolution of trusts and trust litigation.