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If you pass away and a Testamentary Trust has not been provided for in your Will and your children are under the age of 18, their inheritance will be reduced to cash and the proceeds paid into the Guardian's Fund, administered by the Master of the High Court. These funds are not invested in growth investments and are at times difficult to get hold of.
With advice from our leading tax experts (taking Capital Gains Tax and estate duty into consideration) all beneficiaries listed in the Trust will be looked after as your funds within the Trust would be invested wisely.
The trustee administers funds in cases where the dependant cannot do so (for example as a result of a physical or mental handicap). This helps to avoid problems associated with the Guardian Fund.
Agricultural land in your Will
If you own a farm and decide to leave it to your children in equal shares, there could be complications. In terms of the Subdivision of Agricultural Land Act, there are restrictions when it comes to splitting up agricultural land. Leaving the farm to a Trust solves this problem, as the profits of the operation could be paid out in equal shares.
The Trust under your care is not in optimal health and needs to be actively managed to avoid risk. We have a dedicated team of Fiduciary Specialists ready to offer you expert advice to ensure that the Trust is managed correctly and reduce risk.
The Trust under your care seems to be healthy.
If you have any questions, or need assistance, we have a dedicated team ready to help you.