Page 3 - Nexia SAB&T Trust Guide 2024

INDEX

Introduction 2
The Nature of Trusts in SA 3
Essential Requirements for a Valid Trust 4
Structure of a Trust 5
Trust Instrument 6
Types of Trust 7
Amendments to the Trust Property Control Act: 1 April 2023 12
Advantages and Disadvantages of a Trust 19
Beneficiaries of a Trust 20
Appointment and Nature of Office of a Trustee 22
Rights and Powers of Trustees 24
Duties, Responsibilities and Obligations of Trustees 25
Liability of Trustees 30
Removal and Termination of Office of a Trustee 32
Other Legislation and Trustees 34
Registration and Deregistration of a Trust 37
Trusts as a Financial and Estate Planning Tool 39
Immovable Property and Trusts 41
Taxation of Trusts 43
Special Trusts 47
Identifying Types of Special Trust 48
Tax Treatment of Special Trusts 49
SARS Reporting Requirements for Trustees 51
Examples of Important Case Law 52
Master of the High Court Offices in South Africa 54
Notes 55
Disclaimer 56

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