General Insurance

Inventory

The benefit of completing an inventory form is that you have proof of ownership of appliances and goods of which you no longer have receipts and manuals. It also gives you the benefit to ensure that your household contents are insured for the correct amount, and that you will not be caught being underinsured at time of a claim.

Please remember that you need to work on replacement values of the items, in other words, what it would costs to buy today should the item be stolen or damaged. If you want to complete your own inventory, click here to download the form and then please email it back to us at [email protected]. However we also have independant inventory advisors who will conduct an inventory of your home at a fee.

image

Because of the risks, the insurance premium may not be.

Dwayne Brown
image

Trusts

What is a trust?

A trust is an agreement between an owner of assets and trustees. In terms of this agreement, the trustees undertake that they will administer the trust's assets with the necessary care to the benefit of the beneficiaries. It is an efficient and flexible way to ensure that assets are looked after. It also ensures that assets are objectively managed and controlled by appointed trustees in the best interests of the beneficiaries.

The concept of a trust originates from the Middle Ages. The landlord would leave his assets and servants to a trusted person for as long as he was away hunting or in a war. The trusted person (or trustee) had full control over the assets until the landlord's return. This system still applies, in principle, to this day.

The protection of your loved ones' financial interests is extremely important in the planning of your estate. You want to be sure that your family, and especially minors, will be looked after, and that your estate and income tax obligations are kept as low as possible, so that your heirs can enjoy the full benefit of your estate.

It is paramount to appoint the right trustees. You have to trust that the trustees will always act in the best interests of the beneficiaries and that the trust will be managed in accordance with legislation and stipulations of a trust act. A trust's administration must be transparent to ensure the satisfaction of all concerned.

Who needs a trust?

Minors

If a minor is an heir to an estate where there is no will, or if there is a will but no trust clause, the inheritance must be paid into the Guardians' Fund of the Master of the High Court. The same happens in the event of a minor being the beneficiary to the death benefits of a policy.

Persons that cannot take care of their own affairs

If persons are not able to take care of their own affairs due to physical or mental conditions, their assets must be placed under the protection of a curator. The Master of the High Court will give permission for all expenses as well as the types of investments made.

Other instances where a trust can be used to good effect

In case of indivisible assets

Certain assets may, owing to their nature or because of circumstances, not be transferred to more than one person. For example: the Sub-division of Agricultural Land Act, Act 70/1970, currently stipulates that agricultural land may not be sub-divided without the authorisation of the Minister of Agriculture.

To effect tax savings in the case of

  • Estate duty
    Estate duty assets transferred to a trust no longer form part of your own estate. This effectively means that all the growth in the assets occur in the trust, and not in your own estate, which effects a tax saving.
  • Capital gains tax
    Although capital gains tax is higher in a trust, a trust remains an excellent estate planning instrument. There are ways of deferring the capital gains tax on a trust asset to the trust beneficiaries, with the result that capital gains tax can then be levied at an individual rate.
  • Income tax
    If non-allocated income may be capitalised in a trust, the trust will pay income tax at the present rate of 40%. All income paid out to income beneficiaries will be taxable in their hands at their normal income tax rate.

Types of trusts

  • Testamentary trust (mortis causa)

    Testamentary trusts are the most common trusts in use. They are especially suited to the protection of the interests of minors and other dependants who are not able to look after their own affairs. These types of trusts come into being only after the death of the testator. The trust is administered by trustees appointed in terms of the will, and is usually ended after a predetermined period or at a determined event like a minor turning 18 or the death of an income beneficiary. Assets that form part of an estate may be moved to this trust, with or without limited rights such as usufruct. A testator appoints the trustees in a will. The trust is formed by placing a trust clause in a will, which serves the same purpose as a trust deed. During the estate settlement period of the deceased estate, the appointed trustees apply for a letter of authorisation at the same office of the Master of the High Court as where the estate is registered. A testamentary trust may further be both a discretionary or vested trust.

  • Discretionary trust

    Payment of income and/or capital is subject to the discretion of the trustees and all nonallocated income is taxable in the hands of the trust. This type of trust may thus be utilised to save on income tax by splitting incomes. Capital beneficiaries may only be determined at a later stage.

  • Vested trust

    The income and capital beneficiaries are already determined and described. The income is taxable in the hands of the income beneficiary, who could also be the capital beneficiary. The capital beneficiary thus gets immediate property rights, subject to the terms of the will or Trust Act.

  • Living trust (inter vivos)

    Living trusts are ideal for keeping growth assets out of your estate and are thus a superb medium to limit estate duty and to protect assets from generation to generation. A living or inter vivos trust comes into being during the lifetime of the settlor or founder with the signing and registration of a trust.

    A living trust is formed as an arrangement between the founder/settlor and the trustees. The A living trust is formed as an arrangement between the founder/settlor and the trustees. The founder/settlor is the person who takes the initiative to create a trust.

    The interested parties in a living trust are the founder/settlor, the trustees, the persons or company appointed to take control over the assets and take responsibility for the administration and management thereof; and the beneficiaries or person who, in terms of the Trust Act, are entitled to the income and/or capital of the trust.

    After signature of the trust deed, the trust is registered with the Master of the Supreme Court in whose jurisdiction most of the assets are situated or where the administration is to take place.

  • Famiy trust

    A trust that comes into being through an agreement between the founder and the trustees. Assets are sold to the trust and a loan account (debt) is created, or assets can be donated, but with donations tax implications. The trust may obtain other assets by way of purchasing or an inheritance.

  • Charitable trust

    A charitable trust is a particular kind of trust that may be classified as non-taxable in terms of the Income Tax Act. Capital loans are made to a trust. The trust is so structured that it pays no income tax. The trustees then make donations to charities, schools, churches, etc. on your behalf and according to your wishes. Because there is no income tax applicable, you may make large donations.

  • Umbrella trust

    This is a trust linked to a pension, provident, retirement annuity or preservation fund as well as group schemes. The trustees of the fund/scheme obtain an additional option to, in specific cases, transfer the death benefits to the trust for management to the benefit of the beneficiaries.

  • Guardian's trust

    These trusts are created as an alternative for monies due to minors that must, under certain circumstances, be paid into the Guardian's Fund of the Master of the Supreme Court. Examples of such monies are yields from policies and cash inheritances for which no provision had been made with trusts. This trust is authorised to receive, and to manage to to their advantage, any benefits accruing to minors from the Guardian's Fund from death claims to life and endowment policies. It is a safe alternative for the Guardian's Fund to pay benefits into the trust rather than to the remaining guardian, who will not necessarily act in the best interests of the child.

  • Special trusts

    These types of trusts, which are taxed at the same rate as a natural person, may only be created to benefit a person suffering from serious mental illness as described in the Mental Illness Act, No 18 of 1973, or who suffers from serious physical deformity. Testamentary trusts benefiting any living family member, of whom the youngest turns 21 in a tax year, may in certain cases also be classified as a special trust.

    Because we understand the seriousness of the matter, we have ensured the services of one of the best Trust and Estate Planning Attorneys in Gauteng, and who will in association with us assist you with the planning of your estate and trust at an affordable package.