Appointing an Administrator for a Mentally Incapacitated Individual

Category: Estates | By Chamonie Buys

25 April 2018  |  Fiduciary

There is an easier and more cost effective process to appoint an administrator to administer the affairs of a mentally incapacitated individual ... Read more

Interest Free or Low Interest Loans to Trusts - Beware the Tax Implications!

Category: Tax | By Judd Reid

24 October 2017  |  Trusts

If you have an interest free loan or low interest loan which is owed to you or your company from a Trust, then you need to pay attention. Read more

Budget 2017 - How it Affects Trusts

Category: Trusts | By Arno Goebel

23 February 2017  |  Trusts, Tax

The big news is that trusts are now taxed at 45%, up 4% in line with the new top marginal rate for individuals on taxable income in excess of R1.5 million ... Read more

How Section 7C Affects Loans to Trusts

Category: Tax | By Arno Goebel

12 February 2017  |  trusts, tax

Effective 1 March 2017, section 7C will stop the well-used technique of donating back low interest or interest fee loans to trusts ... Read more

Business Rescue - a director's duties and personal liability

Category: Company & Commercial | By Neil Riekert

10 January 2017  |  Companies

The restructuring of a company in financial distress may be an attractive option to many a business ... Read more

Your Trust, the Consumer Protection Act & the National Credit Act

Category: Trusts | By Chamonie Buys

10 October 2016

When trading in a Trust or when applying for a loan from a financial institution, though, you should be mindful ... Read more

Davis Committee 2nd Interim Report

Category: Tax | By Arno Goebel

29 September 2016  |  tax, estates

The committee released its second interim report on the 24th of August. It is important to stress that these are only recommendations and not law until ... Read more

New Foreign Asset Amnesty

Category: Tax | By Andre Calitz

09 June 2016  |  Tax

“As the world becomes increasingly globalised and cross-border activities become the norm, tax administrations need to work together..." Read more

Special Trusts

Category: Trusts | By Chamonie Buys

23 May 2016  |  Trusts, Wills, Estates, Tax

There are two types of special trusts recognised for tax purposes in the Income Tax Act. The first type of Trust is referred to as a Special Type A Trust ... Read more

Is Your Trust Valid?

Category: Trusts | By Chamonie Buys

08 March 2016  |  Trusts

You instruct a company to prepare and register a Trust and you accept, in good faith, that the Trust is valid. Sadly, it turns out that this was not the case ... Read more

Co-habitation and the law

Category: Matrimonial | By Hayley Pillay

25 January 2016  |  Wills

I was recently asked by a client to advise on the legal consequences of his “common law marriage”. His “wife” of 15 years had just passed on ... Read more

Sureties! Beware and Prepare

Category: Trusts | By Judd Reid

09 December 2015  |  Trusts, Property

We were recently asked to explain the implications of waiving the benefit of excussion by a client wanting to stand Surety... Read more

Obtain authority before signing an offer to purchase

Category: Property Law | By Chamonie Buys

09 October 2015  |  Property, Trusts

In our administration of Trusts we experience too often that a trustee enters into property transactions... Read more

Know your founder

Category: Trusts | By Chamonie Buys

11 August 2015  |  Estates, Trusts

Trustees are often faced with the challenge of having to locate the Founder (also referred to as the Settlor or Read more

Whats in a will?

Category: Estates | By Chamonie Buys

11 July 2015  |  Estates, Executors, Wills

Whenever the topic of a Will comes up I am reminded of a quote in a well-known South African case: Read more

Ask these questions about your Trust

Category: Trusts | By Chamonie Buys

09 July 2015  |  Trusts

We are often approached by trustees of existing inter vivos (living) Trusts for purposes of reviewing the Trusts from a compliance point of view Read more

Trust Loan to a Company

Category: Trusts | By Arno Goebel

26 May 2015  |  Companies, Dividends, Tax, Trusts

A lot of tax planning is done around loans between companies and trusts and it is important to understand the re-characterisation rules Read more

Living Wills – The right to die with dignity

Category: Wills | By Hayley Pillay

24 May 2015  |  Wills

In the recent ground breaking case of Advocate Robin Stransham-Ford who was terminally ill from... Read more

New Trust Tax Return

Category: Tax | By Arno Goebel

25 November 2014  |  Tax, Trusts

The good news is that trusts are here to stay – at least that is what I believe... Read more

Right of Pre-Emption in a Shareholder Agreement vs Provision in the Will

Category: Wills | By Arno Goebel

10 October 2014  |  Estates, Executors, Law, Shareholders

The right of pre-emption is a contractual arrangement, usually between shareholders... Read more

New anti-avoidance amendment may render dividends taxable!

Category: Tax | By Arno Goebel

01 October 2014  |  Dividends, Estates, Executors, Law, Trusts

Changes to the tax legislation announced in the Budget-Speech... Read more

Nominating a Foreign Executor – is this a good idea at all and why?

Category: Wills | By Arno Goebel

01 October 2014  |  Estates, Executors, Shareholders, Trusts

Should you discourage clients from nominating a foreign Executor in their Wills? Read more