Home / Practice Areas / General Law / Registration of Trusts
General Law

Registration of Trusts

A trust can offer asset protection, continuity and estate planning benefits when it is structured properly and administered correctly.

Book a consultationCall 011 568 5483

What is an inter vivos trust?

An inter vivos, or living, trust is created during the founder's lifetime and holds assets on behalf of beneficiaries, managed by appointed trustees according to the terms of the trust deed. It is a separate legal entity distinct from the founder, trustees and beneficiaries personally.

Why people use trusts

  • Protecting assets for the benefit of minor children or vulnerable beneficiaries
  • Estate planning, including reducing exposure to estate duty on death
  • Continuity of ownership for family or business assets across generations
  • Ring-fencing certain assets from personal financial risk, where structured appropriately

The registration process

The trust deed is drafted to record the founder's intentions, the trustees' powers and the beneficiaries' rights. It is then lodged with the Master of the High Court, along with the trustees' acceptance of appointment, to obtain Letters of Authority, without which trustees may not act on behalf of the trust.

Ongoing obligations

A trust must be administered separately from its trustees' personal affairs, with its own bank account and accounting records, and is subject to specific tax and reporting obligations. Poorly administered trusts can lose their protective benefits, so ongoing compliance matters as much as the initial registration.

01Tailored DraftingEvery clause matched to your actual transaction, not a template
02Registration SupportDeeds Office and Master of the High Court processes handled correctly
03Plain-Language ReviewYou'll understand exactly what you're signing before you sign it
04Practical FocusDocuments built to hold up when they're actually relied upon

A trust can operate during your lifetime and continue after death, while a will only takes effect on death. Trusts are often used alongside a will as part of a broader estate plan.

Any person or entity with legal capacity can be appointed as a trustee, though it is advisable to include at least one independent trustee for good governance.

Not automatically. Proper structuring and ongoing administration are required for a trust to achieve its intended estate planning benefits.

An inter vivos trust is established during the founder's lifetime, while a testamentary trust is created through a will and only comes into existence after death.

No, trust assets are held separately from the trustees' personal estates and must be administered strictly for the benefit of the beneficiaries.

At least one, though most trusts have two or more, including an independent trustee, to support proper governance and decision-making.

Yes, the trust deed can usually be amended according to its own amendment clause, though some core provisions may require beneficiary consent or a court application.

Separate accounting records, its own bank account, annual financial statements, and tax returns, along with proper trustee resolutions for major decisions.

Yes, a trust can be terminated in line with its deed or by court order, after which remaining assets are distributed to the beneficiaries.

Not necessarily. Trusts suit specific estate planning and asset protection goals, and should be considered alongside other options based on individual circumstances.

Clear legal guidance starts with a conversation.

Contact AVT Attorneys