Trusts & estate planning in South Africa Protect what you've built.
Setting up and running a trust, drafting your will, and putting your estate in order — properly, and in plain language. So the people and the business you care about are looked after, whatever happens.
Which trust is right for you?
The right structure depends on what you're trying to protect or achieve. Four cover most situations — we'll help you choose.
What we do
The full life of a trust and estate, under one roof — from the first draft to the final winding-up.
Setting up
- Drafting the Trust Deed
- Registration with the Master of the High Court
- Choosing trustees & beneficiaries
- Independent trustee appointments*
Running it
- Trust administration & annual compliance
- Amending the deed, trustees & beneficiaries
- Trust accounting & tax returns
- Trustee guidance & record-keeping
Wills & estates
- Drawing up your last will & testament
- Letters of wishes & special instructions
- Estate & succession planning
- Winding up a deceased estate
*An independent trustee is required where all the trustees are also beneficiaries and related to one another.
The tax that comes with a trust
A trust is a tax-effective tool — but only if it's run right. The things that trip people up, in plain terms:
The 45% rate
Income kept in a trust is taxed at a flat 45%. But under the "conduit principle", income paid out to beneficiaries in the same year is taxed in their hands instead — often far lower. Getting this timing right is the whole game.
Section 7C loans
Lend money to your trust interest-free and Section 7C treats the missed interest as an ongoing donation — with donations tax to follow. We structure loan accounts so this doesn't quietly cost you every year.
Estate Duty & donations tax
Moving assets into a trust affects both Estate Duty (levied on a deceased estate) and donations tax. Done properly, a trust can reduce Estate Duty; done carelessly, it can trigger tax now. We plan for both.
Succession that involves selling the business?
Estate planning often runs into a bigger question — who buys the business, and what's it worth? That's a transaction, and it sits with our corporate finance colleagues at Caban Corporate Advisors. We handle the trust and the estate; they handle the deal — and because we're one group, nothing falls through the gap.
Go to CabanFrequently asked questions
Short, plain answers to what South African business owners ask us most.
What types of trust are there in South Africa?
Four cover most situations. An inter vivos (living) trust is set up during your lifetime to protect and manage family or business assets. A mortis causa (testamentary) trust takes effect through your will. A special trust protects a minor or a beneficiary with a disability. A charitable trust advances a charitable purpose.
Does a trust have to be registered?
Yes. Every trust is registered with the Master of the High Court under the Trust Property Control Act (1988). TBL Accounting handles the registration.
What does TBL Accounting do for trusts?
We draft the trust deed, register the trust with the Master, help you choose trustees and beneficiaries, and run the trust afterwards: administration, annual compliance, trust accounting and tax returns, and amendments. We also help with wills and winding-up.
How do I know which trust is right for me?
It depends on what you are trying to protect or achieve: a minor, family or business assets while you are alive, assets passing on death, or a charitable cause. The decision guide on this page maps each goal to a trust type.
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Talk to a real accountant, not a call centre.
Tell us what you're trying to protect, and a named, qualified accountant will help you choose the right structure, set it up properly, and keep it compliant year after year.
