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Onah Attorneys Inc • Johannesburg
Trust Attorneys – Protect Assets Across Generations
A properly structured trust separates what you control from what you own — protecting family assets from creditors, divorce fallout and estate duty erosion across generations. We register inter vivos family trusts, build testamentary trusts into wills, advise trustees on their fiduciary duties, and fix broken trusts whose sloppy administration has made them vulnerable to attack.
Call 011 042 8039Free Case AssessmentWhen you need trust registration attorneys
Registering a new family (inter vivos) trust
Moving a family home or investments into trust
Testamentary trusts for minor children
Trustee appointments, resignations and disputes
Independent trustee requirements after the Master’s directives
Trust administration, resolutions and annual compliance
Divorce or creditor attacks alleging the trust is a sham or alter ego
Special trusts for beneficiaries with disabilities
How we handle your matter
Structure design
We design the trust deed around your goals — beneficiaries, trustee powers, vesting versus discretionary rights, succession of trusteeship.
Deed drafting
We draft a modern deed that satisfies the Master’s requirements, banks and SARS, avoiding the boilerplate defects that sink old deeds.
Master registration
We lodge with the Master of the High Court, obtain Letters of Authority, and register the trust with SARS.
Asset transfer
We move assets in correctly — sale or donation, loan accounts, conveyancing for fixed property — with the tax consequences mapped first.
Ongoing governance
We maintain resolutions, minutes and beneficiary records, because a trust that isn’t administered like a trust gets pierced like one.
Fees — transparent, agreed upfront
Trust registration is a fixed fee including deed drafting and Master’s lodgement. Annual administration retainers are optional and priced to the trust’s activity, not its value.
Key legislation:
- Trust Property Control Act 57 of 1988
- Income Tax Act 58 of 1962
Frequently asked questions
What are the benefits of a family trust?
Continuity (the trust doesn’t die), protection of assets from personal creditors and estate disputes, estate duty pegging (growth happens outside your estate), and structured provision for minors and vulnerable beneficiaries.
How many trustees does a trust need?
The deed decides, but the Master generally requires at least two, and in family trusts an independent trustee is now standard practice — a trust run by one family member for themselves invites attack.
Can creditors or an ex-spouse attack my trust?
Yes, if it is a sham or your ‘alter ego’ — you treated trust assets as your own. Courts pierce badly run trusts. Real separation of control and benefit, documented decisions, and an independent trustee are the defence.
What tax does a trust pay?
Trusts pay income tax at a flat 45% and an effective 36% CGT — but the conduit principle lets income and gains be distributed to beneficiaries and taxed in their (usually lower) hands. Structure matters.
What is the difference between inter vivos and testamentary trusts?
An inter vivos trust is created during your lifetime by deed; a testamentary trust is created by your will and comes into existence at death — typically to protect minor heirs.
Can I put my house in a trust?
Yes, by sale or donation to the trust, with transfer duty, CGT and possible donations tax consequences that must be calculated first. For many estates the protection and continuity outweigh the entry costs.
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