Protect Assets. Preserve Wealth. Ensure Long-Term Control.
A trust is not simply a legal structure — it is a strategic tool used to protect assets, manage risk, and ensure continuity across generations. We assist with trust structuring, trust deed drafting, review of existing trusts, and alignment with broader estate planning.
Overview
A trust can be an effective estate planning and asset protection tool, but only where it is properly structured and administered. When established correctly, it provides certainty, control and continuity. When used incorrectly, it may create unnecessary complexity, inefficiency and legal exposure.
This service is designed for clients who require strategic trust structuring aligned to their estate planning objectives, family circumstances and long-term wealth preservation.
Why trust structuring matters
- Protects assets within a lawful and structured framework
- Supports continuity across generations
- Provides controlled management of assets
- Assists with planning for minors and vulnerable beneficiaries
- Reduces the risk of poorly aligned estate structures
Who this is for
- Individuals with growing or complex estates
- Parents planning for minor children
- Business owners requiring broader estate structuring
- Clients seeking asset protection measures
- Clients with existing trusts requiring review
A trust must be legally sound in both form and operation. Poor structuring, weak administration or a lack of genuine separation between founder and trustees may undermine the effectiveness of the trust entirely.
Types of Trusts
The appropriate trust structure depends on the purpose of the trust, the nature of the assets involved, and the needs of the beneficiaries. We assist with a range of trust structures, including the following:
Living Trusts (Inter Vivos Trusts)
Established during your lifetime to hold and manage assets within a structured legal framework. Often used for asset protection, continuity and estate planning purposes.
Testamentary Trusts
Created in terms of a will and activated upon death. Commonly used to protect minor children, provide structured inheritance, and manage assets over time.
Discretionary Trusts
Trustees are granted discretion as to how and when benefits are distributed to beneficiaries, allowing for flexibility and controlled asset distribution.
Specialised Trust Structures
Including trusts for minors, vulnerable beneficiaries, and other specific estate planning purposes requiring a more tailored approach.
What This Covers
Our trust structuring service is tailored to your particular circumstances and may include the following:
Trust Structuring Advice
Advice on whether a trust is appropriate, which trust structure best suits your objectives, and how it should operate in practice.
Trust Deed Drafting
Drafting of trust deeds designed to reflect the intended purpose of the trust and the governance framework required.
Review of Existing Trusts
Review of existing trust deeds and operational structures to identify risks, gaps, inefficiencies or misalignment with your current objectives.
Alignment with Wills
Ensuring that your trust structure and your will or broader estate plan work together in a coherent and legally sound manner.
Trustee Roles & Governance
Guidance on trustee duties, governance considerations and the importance of maintaining proper administration of the trust.
Risk & Compliance Considerations
Identification of legal and practical risks associated with the trust structure, including operational weaknesses that may compromise its effectiveness.
Strategic Approach
Trust structuring should never be treated as a template exercise. It requires a clear understanding of the assets involved, the long-term purpose of the structure, and the practical realities of administration.
Our process
- Assess your estate and planning objectives
- Identify the risks and suitability of a trust
- Design the appropriate structure
- Draft and implement the legal documentation
- Align the trust with your will and broader estate plan
Common mistake
Establishing a trust without properly transferring assets into it, or without maintaining genuine separation between founder and trustees, can undermine the structure and expose it to challenge.
Pricing
The following provides a general indication of fees for trust-related services. Final pricing depends on the complexity of the structure, the nature of the trust, and the scope of drafting or review required.
Trust Consultation & Structuring Advice
Initial legal advice on trust suitability and structuring strategy.
Trust Deed Drafting
Drafting of trust deed documentation tailored to your circumstances.
Trust Review & Restructuring
Assessment and refinement of existing trust structures and documents.
Pricing may vary depending on complexity and the scope of work required.
Book a Consultation
If you are considering establishing a trust or reviewing an existing structure, a consultation will:
- Determine whether a trust is appropriate
- Identify risks in your current structure
- Provide a legally sound structuring strategy
FAQ
What is the difference between a living trust and a testamentary trust?
A living trust is established during your lifetime, whereas a testamentary trust is created in terms of a will and comes into existence upon death.
Do I need a trust as part of my estate plan?
Not every estate requires a trust. The suitability of a trust depends on the nature of your assets, your beneficiaries, and your broader estate planning objectives.
Can an existing trust be reviewed or amended?
Yes. Existing trust deeds and structures can and should be reviewed where circumstances have changed, risks are apparent, or the trust no longer aligns with your objectives.
Can a trust be used for minor children?
Yes. Trusts are commonly used to provide structured management and protection of assets intended for minor beneficiaries.