Existing trusts · South Africa
Trust deed reviews and amendments.
Advice on proposed changes to a trust and the authority needed to make them.
A proposed amendment needs to be considered in the context of the existing deed, earlier changes and the interests affected. Craig reviews the trust’s documents, advises on the available route and prepares amendments under an agreed instruction.
Review
The existing deed and the proposed change
- Amendment powers. Identifying the provisions governing amendments and the approvals, consents or other steps that may be required.
- Trustee arrangements. Reviewing appointment, retirement, decision-making and related provisions where the existing arrangements need attention.
- Beneficiary and distribution provisions. Considering the effect of proposed changes on the interests created by the deed and the administration of distributions.
- The complete record. Reading the original instrument with subsequent amendments, current letters of authority and the records relevant to the proposed instruction.
Amendments
Authority, procedure and effect
The ability to amend a trust is not determined simply by the wishes of the current trustees. The deed, the trust’s history and the interests affected must be examined before the appropriate procedure can be identified.
The work may include advising on the validity and effect of a proposed change, preparing the amendment and supporting documents, and attending to the applicable lodgement requirements. Where an application to court needs to be considered, that work is addressed separately.
If the proposal relates to a transaction, succession arrangement or tax concern, the legal work can be coordinated with the client’s accountant or tax adviser. Their advice may affect both the proposed wording and its implementation.
Scope & fees
Review first, then the required work
An instruction may be limited to reviewing the deed and advising on a proposed change, or extend to drafting and implementation. The scope, basis of fees, disbursements and any applicable VAT are confirmed in the engagement.
Where the amendment is disputed, the advice may also need to address the parties’ positions and the steps available to resolve the disagreement.
Trust disputesEnquiries
Information for a deed review
Start with the trust’s name, your role, the names of those involved and the change you have in mind. Mention any dispute, pending transaction or deadline.
Once the practice confirms that it can assist, the deed, all amendments and the relevant supporting records can be requested. Please wait for that confirmation before sending confidential documents.
Trust formation and administrationEnquiries
Discuss a trust deed.
New instructions are subject to conflict checks and written terms of engagement.
Relevant South African sources: Trust Property Control Act · Master’s trust guidance. Advice depends on the particular instruction.