We offer a wide variety of services
The most important?
We will be the independent trustee in your trust.
Why do you need an independent trustee?
- Trusts can be abused in the interest of the trustees instead of the goals or beneficiaries of the trust
- The Master of the High Court requires the appointment of independent trustees to protect the integrity of the trust
Since 2004 the role of Independent Trustee has become an integral part of South African trust law. In the ground-breaking case of Jackie Parker v The Land Bank, the court held that where there is no functional separation between control and enjoyment i.e. between the interests of the Trustees and Beneficiaries, the Trust can be seen to be an alter ego of the Trustees.
In order to prevent trustees using the trust to merely act in their own interests a directive was issued to the various Masters’ Offices throughout the country which insisted on the appointment of an independent outsider as a Trustee in every trust in which the trustees are beneficiaries and the beneficiaries are all related to one another.
The importance of the Independent Trustee was further cemented in the recent case of Van der Merwe NO v Hydraberg Hydraulics CC; van der Merwe NO and others v Bosman and others 2010.
The role of Independent Trustee cannot be taken lightly.
We create trusts with the goal of furthering the interests of what we care about and who we care for.
We can ensure that you can make that happen, the right way.
We understand the importance of this fiduciary role, so we offer our expertise and structures to ensure that this role in your trust is legitimate and based on active and personal participation.
Only having an independent trustee appointed to the board isn’t enough, they have to be active in the administration of the Trust.
In our role as independent trustees, we will participate and assist with the necessary transactions.
- selling and purchasing of property
- letting of property owned by the trust
- sale or acquisition of assets
- selling and purchasing of vehicles
- third-party transactions
We will also assist you with
- institution or defence of legal proceedings by or against the trust
- agreements that the trust or structure may be a party to
This can be done through a meeting of all the trustees, or more conveniently the signing of a resolution by all Trustees. You will need to keep copies of all resolutions and any correspondence regarding your trust, and we will do the same.
What services do we provide?
- Back-up legal support for your structures, including telephonic and e-mail advice regarding your trust and your duties as trustees, as well as companies held by the trust;
- Drafting resolutions in respect of the transactions involved. We will ensure that all the necessary authorities are in place to avoid the possibility that transactions are later declared null and void
- Signing off on third party documentation and dealing directly with certain third parties, particularly conveyancers and banking organizations
- Resolving disputes between trustees
- Signing of the minutes of the annual meetings
- Advice on the administration of the trust
- Overseeing and signing the financials of the trust while ensuring they are tax compliant and efficient
- Facilitating documentation from third parties to you
- Corresponding with the Master of the High Court, including changes of address and other administrative matters