Who should you APPOINT as your trustee?

Before appointing a trustee you should understand what a trustee does. A trustee, inter alia: runs the trust for the benefit of the beneficiaries acts in a fiduciary capacity and when acting in that capacity, has the ultimate duty imposed by law as to relationships between people acts as an agent is responsible for the… Continue Reading

Fees and Costs of Estate Planning

How do I find an attorney who will charge me a fair and reasonable fee? Attorneys who do more than provide clients with standard forms planning should be appropriately compensated. Most attorneys are dedicated professionals who are trained by experience to listen carefully to the facts, and provide solutions and results that give value to… Continue Reading


A significant number of estate-planning techniques are implemented in the form of a trust. There are trusts designed to accomplish a host of planning alternatives. In my experience, however, very few clients I initially meet understand what trusts do, what they involve, and how they are structured. Trusts and how they are used are apparently… Continue Reading

The guide to designing a Loving Trust Plan

The smart alternative to Wills and Estates. Living Trust Planning is superior to Wills and Estate winding procedures. You need a loving trust plan. Fully funded Living Trusts can cost significantly less than Will-planning/ Estate winding up procedures. Living Trust-centered estate plans are far more effective for disability planning than Will-planning/ Estate winding up procedures,… Continue Reading

The importance of the independent trustee

A well-known court case, Land Bank of South Africa vs JL Parker and Two Others (the Parker case) irrevocably changed the requirements for independent trustees to be appointed and placed renewed focus on the duties and responsibilities of all trustees. As a result of the Parker case, most Masters of the High Court now require an independent… Continue Reading

Attorneys as trustees beware!

By Mervin Messias I would like to bring to the attention of attorneys an issue that I consider to be highly relevant in the context of trust law. As far as I have been able to ascertain, attorneys most often accept the appointment as an independent outsider trustee without really considering the ramifications of this… Continue Reading

Are trustees expected to be ‘super agents’?

Source: Mervin Messias: www.messiasattorneys.co.za Have you been asked to be a trustee of a trust?  If so, have you carefully considered the ramifications of accepting such an appointment, or have you merely accepted in order to be accommodating, particularly if the person making the request is a client whom you do not wish to disappoint? … Continue Reading

South African Law Blogs

South African Law Blogs
Copyright © 2020 Bregmans | Designed By Right Click Media | Privacy Policy | Tel: +27 (0)11 646-0335 | E-mail: info@bmalaw.co.za
COVID-19 Update