Event Details

The TRUST is an excellent tool to protect assets, avoid probate, increase personal privacy, and minimise taxes. However, TRUSTS are under-used and frequently misunderstood. This is not surprising when you consider the scarcity of written material on the subject.


A trust essentially comes into existence when one person (the creator, Settlor or Founder of the trust) hands over property and/or control of property to another (the Trustee) to be administered for the benefit of some person or persons other than the Trustee in pursuance of an impersonal object.


If a trust is not formed or administered correctly, it can create a nightmare that acts against the very reason for forming it in the first place.

When setting up a trust, making sure that a valid legal structure is created is vital as well as to understand the nature of the trust, the duties of the trustees and the rights of the beneficiaries.


Content Discussed:

  • What is a Trust and what is it used for?
  • How is a Trust Created? Registrations?
  • How do you manage it? Tax Administration Formalities
  • Contracts with Trusts
  • How do you determine the tax residency of a trust?
  • Place of incorporation
  • Place of effective management
  • Double Taxation Agreements
  • Why are trusts so infamous for tax purposes?
  • Different types of Trusts
  • Parties to a Trust
  • What are the potential advantages and disadvantages of establishing an Inter Vivos Trust?
  • Trustees & Beneficiaries
  • Assets of the Trust
  • What assets can be part of a Trust?
  • Who owns the assets in the Trust?
  • When can the Trust Assets be Distributed?
  • Estate-pegging Opportunities (Section 7C problem)
  • Tax Considerations
  • Offshore Trusts
  • Trusts owning shares in a company or close corporation


Please note: If you're unable to attend the live webinar on the scheduled date, you can still book and pay for the webinar โ€“ the course notes and a copy of the recording will be provided for self-study in your own time.


About The Presenter:

Giles Buswell is an admitted attorney (with rights of appearance in the High Court) and conveyancer. He has practiced from time to time as an advocate, attorney and a conveyancer and has in total some 25 years of experience in general practice including at one time a large High Court litigation and commercial practice.

Giles specialises in property law and all aspects of financial risk management including estate planning, tax planning, wills, trusts, the use of limited interest (usufructs, fideicommissum, leases and similar legal constructs) in property transactions, and the like.

Giles has spent 30 years trying to find ways to articulate the ideas of trust formation in a way which makes them accessible.


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