Trust Registration Services South Africa - Louwrens Koen Attorneys 

Protect Your Assets & Secure Your Family’s Legacy Building wealth takes a lifetime of hard work. Protecting it requires a strategic legal structure. In South Africa, the Inter Vivos Trust (Living Trust) remains one of the most powerful vehicles for asset protection, estate planning, and tax efficiency.

Trust Registration Services South Africa - Louwrens Koen Attorneys  image
At Louwrens Koen Attorneys, we specialise in the drafting and registration of Trusts. We navigate the complexities of the Master of the High Court so that you can enjoy the peace of mind that comes with knowing your assets are secure.

What is a Trust?
A Trust is a legal arrangement where ownership of assets is transferred to a group of people (Trustees) to be managed for the benefit of others (Beneficiaries).
Unlike a company or a close corporation, a Trust is not a separate legal person, but it is a distinct legal entity. It acts as a "vault"—once assets are moved into the Trust, they no longer belong to you personally, which is the key to their protection.

Why Should You Register a Trust?
While many associate trusts with the ultra-wealthy, they are an essential tool for business owners, professionals, and families looking to preserve wealth across generations.

1. Asset Protection (Creditor Proofing)
This is the primary reason entrepreneurs register trusts. Because assets held in a Trust do not belong to you personally, they are generally beyond the reach of your personal creditors.
  • Scenario: If you run a business and sign personal surety, and that business fails, creditors can attach your personal home and car. However, if your home is owned by a Trust, it is generally safe from sequestration.
2. Estate Duty & Tax Efficiency
Trusts are excellent for "pegging" the value of your estate.
  • The Mechanism: When you transfer a growth asset (like a property or shares) into a Trust, the asset grows inside the Trust. When you pass away, your personal estate is not liable for Estate Duty on that growth—only on the original loan account value.
  • Executor Fees: Assets in a Trust do not form part of your deceased estate, meaning you save on the standard 3.5% Executor’s Fee on those assets.
3. Continuity & Access to Funds
When a person dies, their bank accounts are often frozen while the estate is wound up—a process that can take months or even years.
  • The Benefit: A Trust never dies. Upon your passing, the Trust continues to operate seamlessly. Your beneficiaries (spouse and children) can continue to receive income and occupy the trust property without interruption or liquidity crises.
4. Protection of Minors
If you pass away leaving minor children, any assets left directly to them may be converted to cash and held in the government’s Guardian’s Fund until they turn 18. A Trust allows you to appoint trusted Trustees to manage these assets according to your rules until your children are mature enough to handle the wealth.

Our Trust Registration Services
Registering a Trust is a rigid formal process. The Master of the High Court requires precise drafting and adherence to the Trust Property Control Act. A poorly drafted Trust Deed can be declared "sham" by SARS or the Courts, rendering it useless.
Louwrens Koen Attorneys offers a complete, turnkey solution:
  1. Consultation & Strategy: We assess your financial portfolio to determine if a Family Trust, Business Trust, or Property Trust is right for you.
  2. Drafting the Trust Deed: We draft a bespoke Trust Deed (the founding document) that clearly defines the powers of the Trustees and the rights of the Beneficiaries.
  3. The Independent Trustee: The Master of the High Court now insists that every Family Trust must have at least one Independent Trustee (someone not related to the family) to ensure proper governance. We can advise on the appointment of a suitable independent professional.
  4. Registration (Letters of Authority): We lodge the Trust Deed and all acceptance forms with the Master of the High Court. We monitor the application until the Letters of Authority (LOA) are issued.
    • Note: A Trust cannot legally transact or open a bank account without this LOA.
  5. Post-Registration Support: We assist with the initial transfer of assets (via donation or loan account) to ensure the structure is set up correctly for tax purposes.
The "Inter Vivos" Trust vs. Testamentary Trust

It is important to know the difference:
  • Inter Vivos Trust (Living Trust): Registered while you are alive. It offers immediate asset protection and estate duty benefits. (This is our primary service).
  • Testamentary Trust: Created only upon your death via your Will. It protects assets for heirs but offers no asset protection while you are alive.
Why Choose Louwrens Koen Attorneys?
  • Speed & Efficiency: The Master’s Office is known for delays. Our experience allows us to navigate the system effectively to get your Letters of Authority issued as quickly as possible.
  • Notarial Expertise: As admitted Notaries, we understand the intricacies of contract law required for a watertight Trust Deed.
  • Holistic Approach: We don't just register the Trust; we ensure it aligns with your Antenuptial Contract and your Will for a fully integrated estate plan.
Secure Your Legacy Today
Don't wait for a financial crisis or a health scare to think about asset protection. Establishing a Trust is a proactive step toward financial freedom.
Contact Louwrens Koen Attorneys