by Wessels + Van Zyl Inc | Jul 28, 2026 | Trusts
When a trust’s founder dies, families often assume that whatever they said they wanted will be honoured, even if the trust deed was never changed to reflect it. A recent Supreme Court of Appeal decision confirms that this is not how trusts work. What governs a trust after the founder’s death is the trust deed itself, not the wishes they expressed at family meetings in their final years.
by Wessels + Van Zyl Inc | Jun 25, 2026 | Tax, Trusts
Trusts remain a valuable estate planning and asset protection tool, but they also carry ongoing compliance obligations. Many trustees assume that a dormant trust with no income, assets, or activity can simply be left alone. SARS has made it clear that inactivity does not remove a trust’s compliance obligations. With penalties now being imposed for outstanding trust returns, dormant trusts may be attracting more attention than their trustees realise.
by Wessels + Van Zyl Inc | May 27, 2024 | Contract, Property, Trusts
“Externally, trustees cannot disagree. In the external sphere the Trust functions by virtue of its resolutions, which have to be supported by the full complement of the Trust body.” (Extract from judgment below) A recent Supreme Court of Appeal (SCA) judgment provides...
by Wessels + Van Zyl Inc | Apr 24, 2023 | Trusts
“National Treasury, therefore, expects that if South Africa continues to make significant improvements in effectiveness and swiftly exits grey listing, it will have a limited impact on financial stability and costs of doing business with South Africa, particularly if...
by Wessels + Van Zyl Inc | Jun 27, 2022 | Family Law, Trusts
“Love is grand. Divorce is a hundred grand.” (Anon) That’s a great scenario whilst the marriage prospers, but what happens on divorce? A recent High Court decision addressed one such scenario – Trusts may be formed for a variety of reasons, and the purpose and...
