Do not make any reference to Capital Gains Tax or Estate Duty.*
Those listed in the trust will be looked after
Funds within a trust are invested wisely
The trustee can administer funds in cases where the dependant is unable (for example, disabled)
Avoids problems associated with the Guardian Fund**
*If your will leaves your farm to your children in equal shares, there could be issues. In terms of the Subdivision of Agricultural Land Act, no agricultural property can be split up. Leaving the farm to a trust solves this problem, as the profits of the operation could be paid out in equal shares.
**If you pass away when your children are under 21, their inheritance will be paid into the Guardian's Fund, administered by the Master of the High Court. Funds are not placed in growth investments and are also difficult to get hold of.
Cost of a trust
The price is negotiated during the process of opening the trust at the branch.