Trust to Trust: Does a trust’s books have to be audited?
It is not a legal requirement that a trust’s books are audited, and it may add an unnecessary cost in the administration of a trust.
Do trustees have the right to remuneration?
Trustees are the guardians of the trust assets and have a duty to manage these assets in the best interests of the beneficiaries.
Trust to Trust: Are half of the trust’s assets yours on divorce?
Many spouses, and unfortunately to date a lot of women, get the short end of the stick when their marriages break up and there are trusts involved.
Perpetual existence of trusts a core benefit
A trust has a perpetual existence that is not attached to the life of any person, similar to companies and close corporations.
Time to revisit a trust as part of your estate plan?
TRUST TO TRUST: Estate planning is widely defined as arrangement, securement, management and disposition of your estate … writes Phia van der Spuy.
Can you dictate to trustees in your letter of wishes?
TRUST TO TRUST: A letter of wishes is a way for you to inform others of matters to be taken into account after your death … writes Phia van der Spuy.
Written authority key to contracts with a trust
TRUST TO TRUST: People are often nervous about entering into contracts with a trust, due to the unique nature of trusts … writes Phia van der Spuy.
TRUST TO TRUST: Should you place your primary residence in a trust?
The decision to move your primary residence into a trust depends on your individual circumstances… writes Phia van der Spuy.
TRUST TO TRUST: Does a trust eliminate estate duty?
Although death and taxes are certain, people are always looking for ways to minimise taxes upon death… writes Phia van der Spuy.
TRUST TO TRUST: In the law, we can confidently place our trust
Trusts can be structured as either vested or discretionary inter-vivos trusts… writes Phia van der Spuy.
OPINION: Managing new attack from Sars against trusts
Traditionally, people moved assets into a trust to stop/freeze growth in their personal estates for estate duty purposes… writes Phia van der Spuy.
OPINION: Choose your trustees well to avoid drama
Trustees are the guardians of the trust assets and have a duty to manage these assets in the best interests of the beneficiaries.
Is there a required number of trustees or can we choose?
Estate owners considering registering a trust are often told that there should be a specific number of trustees appointed, writes Phia van der Spuy.
OPINION: Ensure your trust is not a sham or alter ego trust
The fact that you have a written trust deed is not a guarantee that your assets are safe, writes Phia van der Spuy.
The rules to follow when terminating a trust
Similar to companies and close corporations, a trust may have a perpetual existence that is not attached to the life of a person writes Phia van der Spuy.
OPINION: Is there any significance being the trust founder?
The founder of a trust should be asked whether there is a true intention to create a trust for the benefit of beneficiaries writes Phia van der Spuy.
OPINION: How do people still use trusts as tax planning vehicles?
Any income or capital gain paid to or vesting in a beneficiary will be taxed in the hands of that beneficiary writes Phia van der Spuy.
OPINION: Why Sars targets 'connected persons' in relation to a trust
Sars attempts to limit the abuse of trusts as a means of tax evasion by individuals, writes Phia van der Spuy.
OPINION: #Budget2018 coming down harder on wealthy
If you didn?t have the chance to listen to the Budget, the news is that you can, in fact, be glad you have a trust, writes Phia van der Spuy.