WILLS, TRUSTS AND ESTATES
Drafting of various types of wills, depending on our clients needs and wants.
Execution of wills and estates in accordance with our clients wishes.
Disputes arising out of wills, such as, for example, the validity of the will.
We administer and execute deceased estates.
We administer Trusts.
ADMINISTRATION OF TRUSTS
Administration and management of trusts need to be professionally and carefully conducted.
It is important to have at least one Independent Outsider Trustee appointed in all trusts in which the Trustees are also discretionary beneficiaries of the Trust.
The “Alter Ego Trust”;
If a Trust is found to be an “Alter Ego Trust’, there can be serious consequences
An “Alter Ego Trust” can happen where the planner does not relinquish ownership and sole control of any assets moved into / acquired by a Trust
The appointment of an Independent Outsider or professional Trustee ensures that this does not happen and that the Trustees exercise joint control and management of the assets in the Trust
Decisions, resolutions and actions of Trustees need to be jointly made and recorded, hence why it is advisable to involve a legal professional Trustee in the management of Trust affairs.
The Fiduciary duty of a Trustee;
Is to act in good faith and with care and diligence in dealings with a trust
A trustee acquires considerable responsibility by accepting appointment as such and professional Trustees charge fees for the holding of such a responsible office
D.P. Bezuidenhout Attorneys Incorporated undertakes to deliver an efficient, personal and cost-effective service in the planning and administration of Trusts, in view of the fact that formal administration procedures now need to be conducted in accordance with developing laws.