Online Trust Deed Generation
for Self-Registration

A trust is a legal arrangement where assets are held by trustees for beneficiaries, governed by the Trust Property Control Act 1988. It separates ownership for protection and planning purposes.

There are various types of trusts, including Inter Vivos (Living) Trusts, Testamentary (Mortis Causa) Trusts, Ownership Trusts, Bewind Trusts and Curatorship Trusts.

We assist trust donors in the drafting of family and business trust deeds for tax, estate planning and asset protection purposes.

For a trust to be valid, the founder must intend to create a trust, the trust property must be clearly identified, the trust's purpose must be lawful, trustees must have the legal capacity to act, and there must be at least 1 identifiable beneficiary.

Consider whether the founder/donor is willing to relinquish direct control over assets. Also, consider how to get any growth assets from an estate planning point of view into the trust and how the trust fits into your overall estate plan.

The trust instrument typically includes the trust's name, founder, objectives, beneficiary details, trustee information, trustee powers and duties, remuneration, meeting requirements, distribution rules, and procedures for termination or amendment.

Minutes! Select the trust type (business or family trust), enter details, make payment, and your completed trust deed will be emailed to you. A pdf copy will also be available for download on your dashboard page of the website..

Download your deed, sign before the witnesses, complete the additional forms, pay the Master's fee, and lodge the package with the Master of the High Court. A copy is retained electronically for you to download whenever you need to.

Trustees have obligations related to the trust deed, to the beneficiaries, and concerning the trust property itself. This includes acting with care, diligence and skill.

A trust offers continuity, asset protection, facilitates skilled management, prevents squandering, and can minimize estate duty.

Absolutely – assets in trusts are ring-fenced from creditors/lawsuits, ideal for retail/manufacturing SMEs facing SA's challenges. Inter vivos trusts provide immediate security.

Yes, discretionary trusts allow income distribution to lower-tax beneficiaries (18-45%). Capital gains at 18% - 36% effective. Consult SARS guidelines; not tax advice.

Normal or "Ordinary" Trusts have an income tax rate of 45% and a Capital Gains Tax Inclusion Rate of 80%. Special Trusts are taxed at the same rates applicable to natural persons, with a Capital Gains Tax Inclusion Rate of 40%.

Pricing: Once off, all inclusive payment of R 500.00 (excluding the Master's fee) – vs. full attorney service (R 20,000.00+).

Trustees may be personally liable for losses suffered by the trust if their actions contravene the Trust Property Control Act or the trust deed. They can also face criminal liability for crimes committed during trust administration.

No, TrustGen provides templates compliant with SA law but not personalized advice. Always consult a qualified tax attorney or accountant for advice on your particular set of circumstances.

An independent trustee is a person who is not a beneficiary of the trust, has no family or financial relationship with any beneficiary or founder, and acts objectively. The Master of the High Court requires an independent trustee for family or business trusts where all trustees are related beneficiaries. This demonstrates the founder's genuine intention to relinquish control and helps prevent the trust from being disregarded as an "alter ego."

Special Trusts in South Africa include Type A (for persons with disabilities) and Type B (testamentary trusts for minors under 18). Both are taxed at individual income tax rates (18%–45%) instead of the flat 45% for ordinary trusts, and have a 40% CGT inclusion rate. Type A trusts also qualify for additional CGT exemptions, such as the R2 million primary residence exclusion.

Section 7C treats interest-free or low-interest loans from a natural person (or connected company) to a trust as annual donations. The deemed donation equals the difference between the interest charged and SARS's official rate. This attracts donations tax (at 20%), though the R100,000 annual exemption may apply. Special Trusts Type A and certain other trusts are exempt.

From 1 April 2023, trustees must disclose beneficial ownership information to the Master of the High Court, including details of founders, trustees, and named beneficiaries. An electronic register of beneficial owners is now maintained. Trustees must also identify themselves as such to "accountable institutions" (e.g., banks, attorneys) and clearly label all trust property and accounts. Non-compliance may result in fines up to R10 million or 5 years' imprisonment.

A trust can be deregistered once it's terminated—e.g., when its purpose is fulfilled or assets are distributed. Required documents include the original Letters of Authority, a tax compliance certificate from SARS, proof of nil bank balance, evidence beneficiaries received their entitlements, and final financial statements. These must be submitted to the Master of the High Court who registered the trust.

As of 1 September 2023, trustees must submit an IT3(t) form annually to SARS, detailing all distributions (income, capital gains, capital amounts) made to beneficiaries during the tax year. The form also requires demographic information about the trust, trustees, and beneficiaries, including identity numbers, addresses, and contact details.

Yes, a trust can own immovable property. The trust deed must grant trustees the power to acquire and dispose of property. All trustees (or a duly authorised representative) must sign the sale agreement, and the property must be registered in the trust's name at the Deeds Office. Special care is needed when transferring residential property into a trust, as it may trigger transfer duty or affect CGT exemptions.