All our seminars are in-depth and well-researched, presented by experts in the field.
The price includes a four-hour presentation AND a comprehensive reference manual (sent electronically).
Part 1: The creation and termination of Trusts
Also testamentary trusts, special/PBO trusts and business trusts: What every advisor/trustee should know about it
This online seminar is intended for everybody who deals with trusts and trust law, as well as every trustee or advisor (be it as a novice or a seasoned guru) on the creation and termination of different forms of trusts in Part 1, the administration of trusts and trusteeships in Part 2 and the holistic estate planning applications and the taxation of trusts in Part 3 of the series.
Although in online format, it retains the same recipe of the very successful seminars of previous years, covering the entire trust law spectrum. However, this one is also different in that it will unpack and focus on some of the often neglected topics as well as digesting a couple of sometimes confusing topics, as well as the latest developments and important practical aspects of trust law when creating a trust or evaluating an existing trust deed for a client.
From divorce, tax to other recent court cases, the rights of beneficiaries seem to become more and more contentious. This topic will receive special attention – see course content below.
This seminar will add value to your practice and cause you to get your attendance fee back long before the tea-break, in the form of money saved on seeking expensive advice or on time saved on doing complicated research.
In the pipeline
Part 2: The administration of trusts and trusteeships (2021, DV)
Part 3: The holistic estate planning application and the taxation of trusts (2022, DV)
The creation and termination of trusts - Seminar content
Why is it important for all practitioners to understand the uniqueness of the South African trust law?
What is the legal nature of a real trust and who is the owner of the trust assets? Why is this important for the creation of trusts?
Is a unilateral declaration of a trust possible in South Africa? What is the role of the founder after creating a trust and can he/she be replaced as founder?
What are the qualifications required for the appointment of trustees and why is there a minimum number that can be appointed? How important is the appointment of an independent trustee? What role does a protector play in South Africa?
When does the appointment of a trustee and trusteeship commence and when does it end? What are the most common errors made with the appointment and powers of trustees?
Who can be a beneficiary of a trust? Can a founder of a trust also be a trustee and a beneficiary and is there a maximum number of beneficiaries?
What are the different sources for beneficiaries’ rights and what role does the drafting of a trust deed play in creating these rights? When and how does a beneficiary acquire these rights? Why is it important to provide for a ius in personam ad rem aquirendam for CGT purposes when creating a trust? When is a right “vested” for tax and other purposes?
What role does the stipulatio alteri play with the acquiring of beneficiaries’ rights and the variation of a trust deed, and what is the significance of this when drafting a trust deed? Is the trust a single or a multiple stipulatio alterii?
What are the most common errors made when creating an inter vivos and a testamentary trust and how can it be prevented?
What are the most common errors made when creating a business (also a B-BEE) trust?
What are the essentials for a valid trust deed to prevent a sham trust?
When drafting trust deeds, what income tax, CGT, transfer duty and estate duty traps and implications cannot be ignored?
What are all the implications of the latest Chief Master’s Directive/s (especially 2 of 2017) for the creation and termination of trusts and is it achieving its objectives?
What are some of the most common errors with the termination of trusts and the provision for it in a trust deed?
What does the future hold for trusts?
The online seminar takes place on Zoom
8:30-10:30 Lecture session 1
10:30-11:00 Coffee / Tea break
11:00-13:00 Lecture session 2