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Setting up a trust

In South Africa, a trust remains one of the most flexible and tax-effective vehicles to assist you in planning your estate.

We can help you set up a trust for your family or other beneficiaries, depending on your individual circumstances and needs.

Our service includes the formation and administration of:

  • Testamentary trusts
  • Inter vivos (living) trusts
  • Charitable trusts
  • Other trusts

Uses of a trust

Trusts can be set up for various reasons and they can be customised to your needs, such as:

  • The protection and preservation of assets for the next generation.
  • The protection of the interests of minors, the elderly or disabled beneficiaries.
  • Charitable purposes or other special causes.

We offer
Trust administration and trusteeships Open

When a trust is created, control of the trust property is vested with the trustees, whilst the beneficiaries of the trust may benefit from the use and enjoyment of the trust assets - based on the terms of the trust deed.

The role of the trustee

  • Having a detailed understanding of the responsibilities and duties of a trustee.
  • Attending to all aspects of the administration of a trust.
  • Making sure that the trust is administered in accordance with the provisions of the trust instrument and South African or international legislation.
  • The separation of control and enjoyment of the trust property is fundamental to the concept of the trust, particularly in situations when the trustees are all also beneficiaries. When the separation of the control and enjoyment of trust assets is not observed, the courts may declare and treat the trust as invalid.
  • As a professional trustee and/or trust administrator on a trust, we will guide you on the principles of trust law and the taxation of trusts and assist you with your trustee responsibilities.
  • We will also make sure that the trust complies with applicable laws and that the trust is administered in the best interests of the beneficiaries.
Our services as independent trustee Open

As an appointed trustee or administrator on a trust, in partnership with you and your financial adviser, we will take responsibility for the following:

  • Attending to the secretarial requirements of the trust.
  • Annual trustees meeting: Arrange, attend and chair the meeting at our offices.
  • Drafting resolutions for the administration of the trust.
  • Distributions to beneficiaries.
  • Appointment of external advisers to the trust.
  • Making sure that the trust remains tax compliant.
  • Accounting: appointment of the trust's accountant - making sure that the accounting records are kept for the trust and that annual financial statements are drawn up.
  • Maintenance of the loan account from the founder/donor.
  • Maintaining the minute book and compliance file of the trust.

Partnering with you on your journey to financial wellness

Schedule of fees

We charge professional fees for a comprehensive range of estate planning, advisory and Momentum Trust services.

Download the fee schedule

Find out more

For professional help with leaving a legacy:

  • Ask your financial adviser to arrange a consultation with one of our Momentum Trust specialists
  • Call us on 0860 000 107
  • Email us at: momentumtrust@momentum.co.za