South Africa
Family Trust Deed
R1 499
Create a family trust deed to hold and manage assets for family members, protect long-term family interests, regulate trustees, identify beneficiaries, and set rules for distributions and administration.
A Family Trust Deed is used to create an inter vivos trust during the founder’s lifetime. It regulates the founder’s donation, trustee appointment, beneficiaries, trust objects, trustee powers, income and capital distributions, meetings, accounting, amendments, and termination.
South African legal context (2026 checklist)
A trust must be properly administered as a separate structure, not as the personal bank account or alter ego of the founder or trustees. Trustees must act jointly unless the deed provides otherwise, keep trust property separate, avoid conflicts of interest, and comply with Master’s Office and beneficial-ownership requirements where applicable.
- Trust Property Control Act 57 of 1988
- Regulations under the Trust Property Control Act
- South African common law of trusts
- Administration of Estates Act 66 of 1965
- Income Tax Act 58 of 1962
- Estate Duty Act 45 of 1955
- Transfer Duty Act 40 of 1949, where immovable property is transferred
- Deeds Registries Act 47 of 1937
- Financial Intelligence Centre Act 38 of 2001, where applicable
- Protection of Personal Information Act 4 of 2013
Use this as a starting point only. Verify current gazetted amendments, tribunal rules, and SARS / DOL circulars that may apply to your matter.
Typical questions we'll walk you through
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What is the proposed name of the trust?
Who is the founder?
Who will serve as trustees?
Will there be an independent trustee?
Who are the beneficiaries?
What assets will be transferred or donated to the trust?
What is the purpose of the trust?
How will trustees make decisions?
What powers should trustees have?
Can trustees distribute income and capital?
How will beneficiaries be added or removed?
What happens if a trustee resigns, dies, or becomes disqualified?
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