Documents required to register an Family Trust
The following documents should be submitted to the Master of the High Court in the relevant provincial jurisdiction in terms of the requirements stipulated in the Trust Property Control Act, in order to have a trust registered:
- A cover letter to the Master of the High Court
- Trust Registration and Amendment form (J401)
- Two signed trust deeds
- Proof of payment of the Master of the High Court’s fee of R 250
- Master of the High Court’s Annexure B form for the R 250 fee
- Acceptances of trusteeship by trustee (J417) by each of the trustees, including a summary of the proposed trustees’ qualifications and their experience in managing trusts. The Master of the High Court must be satisfied that the trustees will be competent in discharging their duties. If the Master of the High Court is not satisfied, he/she may call for the trustees to put up security, and may even insist that the trust be audited.
- A declaration by trustees
- A sworn affidavit signed by the independent trustee
- A certified copy of the Identity Document of each of the trustees
- Beneficiaries Declaration (J450)
- An undertaking by the auditor/accountant (J405) to administer the accounting records of the trust in accordance with generally accepted accounting practice
It is usually best to get an expert to assist you with the drafting of a trust deed and the registration in the office of the Master of the High Court. Louwrens Koen Attorneys have assisted more than a hundred clients with the registration of their Family, Property, Business or Special needs Trusts.