Trusts & trustees · South Africa
Trust administration.
Practical administration support and legal advice for trustees.
Craig Webber assists with the documents, decisions and continuing responsibilities involved in administering a South African trust, with personal attention to the trust’s circumstances.
How I can assist
Keep the trust’s affairs in order.
A trust deed is the starting point. Its provisions need to be understood and applied when trustees make decisions, deal with assets or consider a beneficiary’s request. The administration should leave a clear record of what was decided and done.
The practice assists trustees of family and testamentary trusts with ongoing administration and particular legal questions. Work may include reviewing existing arrangements, addressing gaps in the records, preparing resolutions or assisting when trustees change.
Advice on establishing a trust or amending its deed is also available where appropriate. The documents, purpose of the trust and interests affected need to be considered before changes are proposed.
Accountants, financial advisers and other attorneys are welcome to discuss a referral or assistance with a trust they advise.
Administration work
Assistance with the work behind each decision.
The scope can address an immediate issue or continuing administrative needs. It is agreed with reference to the trust’s documents, existing arrangements and work required.
- 01
Trust documents and records
Reviewing the trust deed, amendments and letters of authority; identifying gaps in the administrative record; and advising on the steps needed to put the records in order.
- 02
Decisions and resolutions
Assisting with trustee meetings, minutes and resolutions, and advising on proposed decisions and distributions with reference to the trust deed and the trustees’ duties.
- 03
The Master and beneficial ownership
Assisting with trustee changes and related submissions to the Master, and with establishing, maintaining and lodging beneficial ownership records using the required supporting information.
- 04
Coordination with other advisers
Working with the trust’s accountant, tax adviser and other professionals so that the legal documents, decisions and administrative records support the work they need to carry out.
Trustees must have the Master’s written authorisation to act. An administration mandate does not itself appoint the administrator as a trustee or replace the trustees’ decisions.
Roles & fees
A clear mandate from the outset.
Before accepting instructions, the practice will establish who is instructing it, their authority and the capacity in which advice or assistance is required. An instruction from trustees is distinct from a separate instruction from a beneficiary.
The written engagement will set out the work to be undertaken, the basis of fees, disbursements and any applicable VAT. Accounting, tax, investment management and other professional work will need to be addressed separately where required.
Craig leads the practice personally. Consultations at the Boksburg office are by appointment. If you are based elsewhere, contact the practice to discuss suitable arrangements and whether it can assist.
About Craig WebberCommon questions
Before you instruct the practice.
Can you help while the existing trustees remain in office?
Yes. The practice can assist the trustees under an agreed administration or advisory mandate. A trustee appointment is a separate matter. Administrative assistance does not remove the trustees’ responsibility to exercise their powers and carry out their duties.
Can Craig serve as an independent trustee?
An independent trustee or co-trustee appointment can be considered where appropriate. Acceptance depends on the trust deed, the circumstances, independence and conflict checks, and the required authorisation by the Master. The role and remuneration would be addressed separately from an administration mandate.
Does lodging a beneficial ownership register deal with the trust’s tax obligations?
The Master’s beneficial ownership register and SARS reporting are separate requirements. Lodging a register with the Master does not replace the trust’s income tax return or any applicable third-party data reporting. The practice can assist with the legal and administrative records and coordinate with the appointed tax adviser under the agreed scope of work.
Does an inactive trust still need attention?
A trust should not be assumed to have no obligations simply because it has no income or transactions. SARS requires annual trust income tax returns, including for dormant trusts. The trust’s records, beneficial ownership position and any proposed termination also need to be considered on their own facts.
Can you advise a beneficiary about a concern?
The practice can consider a separate instruction from a beneficiary who needs advice about a trust deed, a decision or an administration concern. This is subject to conflict checks. The client and capacity in which the practice acts must be clear before advice is given.
Preparing for a discussion
Explain the assistance you need.
Start with the trust’s name, your role, the names of the relevant parties and a brief description of the work or concern. Mention any urgent decision or deadline and whether other advisers are already involved.
Please wait until the practice has confirmed that it can assist before sending the trust deed, identity documents, beneficiary details or financial records.
Documents that may be needed later
Depending on the instruction, these may include the trust deed or will, amendments, current letters of authority, trustee resolutions and minutes, beneficial ownership records, and relevant accounts or correspondence. The practice will identify what is needed for the particular work.
Where a trust arises under a will, the estate and trust administration need to be considered together.
Deceased estate administrationAccepting new trust administration instructions
Discuss the next step with Craig.
Contact Craig W. A. Webber Attorneys with a brief outline of the trust and the assistance required. Acceptance is subject to conflict checks and a written engagement.
Unit 207, Tuscan Estate, 15 Van Heerden Road, Libradene Village, Libradene, Boksburg, Gauteng, 1459. By appointment.
General information about South African trusts. See the Trust Property Control Act, the Master’s trust guidance and SARS trust guidance. Advice on a particular trust requires its facts and documents.