TRUST REGISTRATION

Trusts are administered in terms of the Trust Property Control Act, 57 of 1988.

A trust is a legal entity created in terms of a written agreement between the Founder and Trustees, known as the ‘Trust Deed’.

The following parties are involved in a trust:

  1. Founder (also known as the Donor or Settlor)

The person that decides to create the trust.

  1. Trustees

The persons responsible to attend to the management and administration of the trust in a fiduciary capacity, in the interest of the Beneficiaries.

  1. Beneficiaries

The persons entitled to enjoy the benefits of the trust.

Through its trustees, a trust may conduct business and acquire property, shares and other such assets.

Why should you set up a Trust?

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Costs

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Preparing Deed of Trust together with supporting documents and forms, and attending Cape Town Master for registration of Trust 3,000.00
Postage and petties 50.00
VAT (15%) 457.50
Master’s fee 250.00
Total 3,757.50

PLEASE NOTE:

  • The above prices are applicable to online submissions only and do not include consultation with an attorney. Should you wish to attend our offices for a consultation and/or signature of the documents, the fee will be R4,500.00 excluding VAT, the Master’s Fee and other disbursements.
  • The above amounts apply to only conventional inter vivos discretionary trusts and exclude costs for any special provisions.
  • Please contact us for information regarding costs for Non-Profit / Charitable Trusts or Special Trusts.

The Process Explained


Step 1

Complete the online form

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The form needs to be completed fully and accurately in order for us to prepare your documentation. This step should take approximately 20 minutes.

Step 2  

Pay our fee and submit form

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Once you have completed and submitted the online form, you will be directed to our payment page. We presently accept payment by EFT or direct deposit. We do not accept cheque deposits.

Step 3

We prepare your documents and email it to you within 24 hours

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Upon receipt of your form and payment, we will prepare your documents and email it to you, which includes the following:

  • Form J401: Trust Registrations and Amendment Form
  • Deed of Trust
  • J417: Acceptance of Trusteeship for each Trustee
  • J450: Beneficiaries Declaration
  • J405: Undertaking by Auditor/Accountant (if required)

Step 4

Print and sign your documents and return them to us

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Should you find the documents to be in order, print and sign them and email scanned copies to us check that all is in order.

Step 5

Send original documents for submission to the Master for registration

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Deliver the original signed documents to our offices (together with the required supporting documentation) or send the documents via registered post, overnight mail or counter-to-counter mail. Upon receipt of your original documents, we will compile your documents and submit them to the Master of the High Court for registration. We will confirm registration via email and the original Letter of Authority will be delivered to you via registered post in due course, upon receipt thereof from the Master, which usually takes approximately 3 to 4 weeks at the Cape Town Master’s Office.