Family Trust explained

To ensure that your assets are safe and protected, you may want to consider a family trust. Having a family trust means that your assets will be kept safe and secure for the trust beneficiaries – those who will be benefiting from the trust. Furthermore, the trustee will not enjoy personal benefits of the trust but will simply be holding the assets for the trust beneficiaries. [caption id="attachment_4576" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] Exactly how is this different from your Last Will and Testament? It is simple. The will takes effect only after one’s death while the trust can be executed in your living days. For more legal advice on professional legal drafting of family trust and wills, call our law offices on 021 424 3487 today and have an online appointment made for you today.

Trust registration South Africa

Before going forth with a trust, you need to understand why you’re getting a trust. The following are important pointers to consider when getting a trust:
  • Understand why you are setting up the trust: think about the purpose of the trust.
  • What type of trust you would like to set up: find out more about the different type of trusts and make a call as to which trust you will require.
  • Property and assets: think about how you like to set out the rules of the trust and think about how this will govern your property and assets.
  • Beneficiaries: the person who will benefit from your assets. Think about who your beneficiaries are and how they will benefit – will it be a few beneficiaries or will it be an institution?
  • Trustee: this is the one who is in charge of the trust. He/she must understand the expectations and rules of the trust and ensure that all is in order.
  • Rules: different trusts have different rules. Your legal expert will explain this you when attempting to register your trust. It is important that the rules are carried out accordingly.
[caption id="attachment_4577" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] For more information on the procedure of trust registration, call our law offices on 021 424 3487 for an online appointment for a professional legal consultation. If you’re residing out of Cape Town, then fell free to make use of our national number on 087 701 1124 today.

Trust vs Will

First of all, a will is written document signed with witnesses which indicates how your assets will be distributed at the time of your death. A will is effective only after your death by which all wishes of the deceased must be carried out accordingly. [caption id="attachment_4578" align="alignleft" width="300"] Call our law offices on: 0211110090
Email us at: [email protected][/caption] A trust on the other hand, can be effective before and after death and is associated with assets and property management. And while this may sound convenient and appealing, it does come with its own disadvantage as well. The trust can be more of a hassle due to it having to be funded and actively managed in your living days. Speak to your family legal expert today on family trusts and wills and have your will and trust professionally drafted with us. Call our law offices on 021 424 3487 for an online appointment today. Connect with us!  

Family Trust explained

To ensure that your assets are safe and protected, you may want to consider a family trust. Having a family trust means that your assets will be kept safe and secure for the trust beneficiaries – those who will be benefiting from the trust. Furthermore, the trustee will not enjoy personal benefits of the trust but will simply be holding the assets for the trust beneficiaries.

Call our law offices on: 0211110090
Email us at: [email protected]

Exactly how is this different from your Last Will and Testament? It is simple. The will takes effect only after one’s death while the trust can be executed in your living days.

For more legal advice on professional legal drafting of family trust and wills, call our law offices on 021 424 3487 today and have an online appointment made for you today.

Trust registration South Africa

Before going forth with a trust, you need to understand why you’re getting a trust. The following are important pointers to consider when getting a trust:

  • Understand why you are setting up the trust: think about the purpose of the trust.
  • What type of trust you would like to set up: find out more about the different type of trusts and make a call as to which trust you will require.
  • Property and assets: think about how you like to set out the rules of the trust and think about how this will govern your property and assets.
  • Beneficiaries: the person who will benefit from your assets. Think about who your beneficiaries are and how they will benefit – will it be a few beneficiaries or will it be an institution?
  • Trustee: this is the one who is in charge of the trust. He/she must understand the expectations and rules of the trust and ensure that all is in order.
  • Rules: different trusts have different rules. Your legal expert will explain this you when attempting to register your trust. It is important that the rules are carried out accordingly.
Call our law offices on: 0211110090
Email us at: [email protected]

For more information on the procedure of trust registration, call our law offices on 021 424 3487 for an online appointment for a professional legal consultation. If you’re residing out of Cape Town, then fell free to make use of our national number on 087 701 1124 today.

Trust vs Will

First of all, a will is written document signed with witnesses which indicates how your assets will be distributed at the time of your death. A will is effective only after your death by which all wishes of the deceased must be carried out accordingly.

Call our law offices on: 0211110090
Email us at: [email protected]

A trust on the other hand, can be effective before and after death and is associated with assets and property management. And while this may sound convenient and appealing, it does come with its own disadvantage as well. The trust can be more of a hassle due to it having to be funded and actively managed in your living days.

Speak to your family legal expert today on family trusts and wills and have your will and trust professionally drafted with us. Call our law offices on 021 424 3487 for an online appointment today.

Connect with us!

 

Related Post

ABC Guide to Applying for Child Support/Child Maintenance in Cape Town (and South Africa)

The procedures for instituting a complaint for child maintenance are regulated by the Maintenance Act 99 of 1998. Below is a simple “ABC” guide to help you get started in claiming maintenance for yourself, your children, or dependents. This guide was created to encourage individuals to seek the maintenance they need. Please remember that the Maintenance Court is available to assist you with any legal queries you may have. This guide would apply whether you live in Cape Town, or anywhere in South Africa. Before outlining the steps for claiming maintenance in Cape Town (or anywhere in South Africa), I will first address the following question:

Question: From whom can maintenance be claimed?

Answer:Maintenance can be claimed from individuals who have a legal obligation to provide it. For example, children can claim maintenance from their parents, and a wife can claim it from her husband, and vice versa. Since children are minors, their parent or guardian assists them in the maintenance process; however, it is ultimately the child who is making the claim. This guide applies to all senarios.

What are the basic steps to follow when claiming child maintenance in Cape Town (or anywhere in South Africa)

Step 1: Gather Income and Expenses

1. Collect all proof of income, such as pay slips. If you are self-employed, obtain documentation that verifies your monthly earnings. If you are unemployed, that’s acceptable as well. 2. Compile a list of all monthly expenses for yourself and your children. This should include rent, groceries, clothing, entertainment, etc. This information will be essential when completing the maintenance application form in Step 2. 3. Gather details about the individual from whom you are requesting maintenance, including their home and work addresses, as well as their identity number.

Step 2: Visit the Maintenance Court

1. Go to the Maintenance Court closest to your location and obtain the “Application for Maintenance Order Form,” commonly referred to as “Form A.” If you live or work in the Cape Town CBD, then then go to the Cape Town Maintenance Court. 2. Use the information collected in Step 1 to fill out the form. The form is an affidavit, so you will need to swear to the accuracy of the information and sign it. Be honest in your disclosures, as providing incorrect information may lead to cross-examination in court, which can work against you. 3. If you need assistance in completing the form, the maintenance officers will be available to help you. After filling out the Application for Maintenance Order Form, return it to the maintenance officer for processing. If the officer can provide you with a reference or case number immediately, be sure to request it. 4. The Maintenance Court will send you and the individual you are claiming maintenance from a notice or subpoena to appear at the Maintenance Court for an inquiry with the maintenance officer. Make sure to mark the date on your calendar right away and arrange your work commitments and childcare as soon as possible. Missing the date may result in delays of several months in rescheduling your hearing.

Get Your Documents in Order – Step 3

From the moment you leave the office of the maintenance officer and even from the time you decide to claim maintenance, it’s crucial to keep all receipts for any items purchased for yourself and your child. Whether it’s diapers, toys, or any other necessities, treat those receipts as if they are gold. This is important because you will need to prove to the court that you genuinely spend money on your child, and having the receipts will serve as evidence.

Notification from the Maintenance Court

You will soon receive a notification from the Maintenance Court regarding a date to return for an inquiry. You may be informed by mail, email or through a subpoena. On that date, both you and the individual from whom you are claiming maintenance must appear. If you plan to have a legal representative, let them know the date as soon as possible, so they can be available to assist you in court. In the notice to appear for the maintenance inquiry, you will be required to bring proof of all expenses and income for both yourself and your child. This is why it’s essential to keep all evidence of expenditures in a secure place.

**Hint:** If possible, bring both the original documents and photocopies. The originals can be taken home afterward, while the copies will remain in the court file.

 

The Maintenance Inquiry – Step 4

This step involves the maintenance inquiry where you and the party from whom you are claiming maintenance will meet with a maintenance officer. The officer will speak with each party and review the documents provided. Both parties will have the opportunity to explain why maintenance is needed and why the requested amount may be unaffordable. The maintenance officer will try to resolve the matter on the spot to avoid a court trial. If an agreement can be reached, that amount can be formalized as a court order. If an agreement cannot be reached, the case may be referred to trial, depending on the court’s procedures. Remember, if you are a father or a person currently paying maintenance or child support, you can apply for a reduction. Conversely, if you need an increase in maintenance or child support, you can also make that application.

Sharing is Caring

This article and others on this website are written by Adv. Muhammad Abduroaf to assist individuals with various family law-related issues. If you find our articles, resources, or posts helpful, consider sharing them on social media.  

Appeals and Reviews – How does it work?

Appeals in court cases typically involve requesting a higher court to review a decision made by a lower court. For example, approaching the High Court to review the decision in the Magistrates Court matter. The process usually begins with filing a notice of appeal, outlining the grounds for the appeal and providing the necessary documents to support the case.

The appellate court will then review the lower court’s decision and determine whether any errors were made. If successful, the appellate court may either overturn the decision, order a new trial, or modify the original ruling. It’s important to seek legal assistance to navigate the complexities of the appeals process effectively. If you need legal assistance with appeals or reviews, consider reaching out to a qualified attorney or advocate for guidance.

 

Getting Legal Assistance with Appeals

If you require legal assistance or representation with your appeal matter, then feel free to contact us for assistance. The Firm Advocate, Muhammad Abduroaf, deals with these types of matters.

 

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