Private clients

Trusts and estates

We advise families and business owners on trusts, succession and estates, so that what they have built is protected and passes as they intend.

Overview

Trusts and estates are an established part of our work. We advise individuals, families and business owners on setting up and maintaining trusts, planning for succession, and the administration of estates. Our Principal Advisor holds a Professional Certificate in Estate and Trust Administration.

For business owners, private wealth and business interests are closely connected. We bring the same structure and rigour to trusts and estates that we bring to corporate work, so that shareholdings, trusts and succession plans fit together.

We also advise trustees and executors on their duties, and on keeping trusts and estates compliant with the requirements of the Master of the High Court.

Services

What the work involves

  1. Trust formation

    We advise on whether a trust is the right vehicle, on the type of trust, and on the trust deed, including the powers of trustees, the rights of beneficiaries and the provisions for change over time. This includes family and discretionary trusts, and trusts established outside South Africa.

  2. Trust administration and amendments

    We advise trustees on the administration of existing trusts, including resolutions, record-keeping and the amendment of trust deeds where circumstances have changed. We help trustees keep proper records and take decisions correctly, which matters most when a trust's actions are later questioned.

  3. Fiduciary compliance

    We advise trustees and executors on their legal duties, including their obligations to the Master of the High Court, so that they stay on the right side of those duties. We can also review existing trusts to confirm that they are being administered in line with their deeds and the law.

  4. Succession and estate planning

    We plan for business owners so that ownership and wealth pass as intended, without disputes or delay, including the interaction between wills, trusts, shareholders' agreements and buy-and-sell arrangements. We plan for the unexpected as well as the expected, including incapacity and the death of a co-owner.

  5. Wills

    We prepare wills that work together with the client's trusts and business structures. We review existing wills to confirm that they reflect current wishes and circumstances.

  6. Estate administration

    We advise executors and families on the administration of deceased estates, including the steps, documents and reporting the process requires. We help families understand what to expect at each stage, so that a difficult time is made as clear as possible.

  7. Trusts in business structures

    We advise on trusts used within business structures, including trusts that hold shares in operating companies and employee share ownership trusts. We make sure the trust deed, the company's MOI and the shareholders' agreement work together.

Who we work with

Business owners planning for succession; families protecting assets across generations; trustees and executors; and individuals with assets or interests in more than one country.

How we work

  • Whole picture

    We look at personal and business structures together.

  • Long view

    Trusts and succession plans are built to last, and to adapt when circumstances change.

  • Discretion

    Private client matters are handled with particular care and confidentiality.

Common questions

Do I need a trust?

Not always. A trust can be valuable for asset protection and succession, but it also brings duties and costs. We explain the options so that the decision is the right one for you.

Technically sound. Commercially minded.

Advice that begins with technical precision and extends to the commercial and strategic judgement that founders, owners and executives rely on.