Trust Formation & Administration in Johannesburg
A trust should serve a clear purpose and be administered properly throughout its life. Hugh Raichlin Attorneys assists with trust formation, deed review and administration matters, helping founders, trustees and families understand the structure and their responsibilities.
The initial telephone discussion is free and helps us understand whether the firm can assist. A paid consultation is arranged where appropriate. We aim to respond within one working day after receiving your enquiry.
Attorney
Trust registration and estate planning, with attention to the records a trust must maintain.
This page is for you if…
- You are considering a trust for family or succession planning.
- An existing trust deed needs review.
- Trustees have changed or administration records are incomplete.
- You need to understand authority, resolutions, beneficial-ownership records or a trust dispute.
How Hugh Raichlin Attorneys can help
Creating a trust and administering one are different stages. Formation establishes the structure and the trustee's authority; administration is the ongoing duty to act within the deed, keep records and meet reporting obligations. A trust does not automatically save tax, exclude creditors or remove personal responsibilities — the structure, transactions and conduct determine the outcome.
- The trust deed and any amendments.
- Letters of authority and current trustee and beneficiary records.
- Resolutions, accounting records and beneficial-ownership information.
- Asset and account summaries held by the trust.
- Any existing dispute or compliance correspondence.
Assess and establish the structure
We advise on the proposed purpose, trustee and beneficiary arrangements and deed terms. Where a trust is appropriate, the documentation and applications need to be prepared for the relevant formal process.
Support proper trustee administration
Appointment, authority, resolutions, accounting and record-keeping should be maintained consistently. A signed deed is not the end of the administration process.
Review changes and disputes
We can assess amendments, trustee changes, asset transactions and disagreements about administration. Tax and accounting specialists may need to be involved for matters outside the legal instruction.
What to consider before deciding
Authority must be checked before acting
Trustees should not assume that nomination or a signed resolution alone authorises every transaction. The deed, letters of authority and applicable law must be considered.
Compliance continues even when activity is limited
A dormant or quiet trust can still have record, tax and beneficial-ownership obligations. Keep current records rather than wait for a transaction or dispute to expose the omissions.
No automatic asset or tax shield
A trust does not guarantee protection from creditors, divorce claims or taxation. The structure, transactions, conduct and applicable law determine the outcome.
The trust lifecycle
- 1
Assess purpose
Consider whether a trust is the right structure for the objective.
- 2
Constitute & authorise
Prepare the deed and formal registration or appointment.
- 3
Administer
Resolutions, records, accounting and beneficial-ownership reporting.
- 4
Update & report
Keep trustee, asset and compliance records current.
- 5
Review or terminate
Amend, restructure or wind up the trust through the proper process.
Legal and tax roles are kept separate. A trust is not an automatic asset or tax shield.
The next steps
- 1Clarify the trust's purpose and present status.
- 2Review the deed, authority, assets and compliance record.
- 3Prepare the formation, amendment or administration documents.
- 4Support appropriate registration, record-keeping and future review.
Information to prepare
Trust deed and amendments; letters of authority; trustee/beneficiary records; resolutions; asset and account summaries; tax and beneficial-ownership information; any existing dispute documents.
Common mistakes to avoid
Avoid treating trust assets as personal property, acting without authority, copying a deed without understanding it or assuming a dormant trust has no obligations.
Relevant experience for your matter
Jessica's work includes trust registration and estate planning. Hugh's dispute experience is relevant where trust or estate administration becomes contested.
Jessica El-Hage
Attorney
LLB · University of Johannesburg
Trust registration and estate planning, with attention to the records a trust must maintain.
View Jessica's profile
Hugh Raichlin
Principal Attorney & Accredited Mediator
BA, LLB · University of the Witwatersrand
Dispute-resolution experience relevant where trust or estate administration becomes contested.
View Hugh's profileFrequently asked questions
Is a trust always better than a will?
No. The appropriate plan depends on the objectives, assets, beneficiaries, costs and ongoing administration.
Can you help with an existing trust?
Yes. The firm can review the deed, authority and legal administration issues before defining the work required.
Can a trust guarantee protection of assets?
No. Claims, tax and creditor issues depend on the law and facts. Absolute asset-protection promises are inappropriate.
Do trustees need ongoing records?
Yes. Trust administration and applicable reporting obligations require continuing attention, not only initial formation.
Related services
Useful sources
- Master of the High Court - TrustsThe Master’s trust information and administrative notices help you find official material about setting up and running a trust.
- Trust Property Control Act 57 of 1988Read the full legal text of the Trust Property Control Act for the rules behind trustee authority and trust administration.
Assess whether a trust is right for your purpose.
Tell us the trust's intended purpose and present status. We will identify the structure, authority and records that matter.
What happens next?
Start with a brief telephone discussion so the firm can understand your matter and decide whether it may assist. That initial discussion is free. Where appropriate, a paid consultation is arranged, usually in person; remote arrangements may be considered.
You can begin through our AI-assisted WhatsApp enquiry service at any time. It gathers initial information and does not provide legal advice. Where the firm may be able to assist, an attorney ordinarily follows up within one working day after receipt. A message does not confirm an appointment, acceptance of a matter or action on a deadline.
Speak to Hugh Raichlin Attorneys
Visit us by arrangement at 1 The Avenue, Norwood, Johannesburg 2192. Call 011 483 1527 for new enquiries and existing matters, Monday–Friday, 08:30–17:00. For 24/7 AI-assisted enquiry intake, WhatsApp 011 010 8336. You can also email reception@raichlin.co.za.
Please send sensitive documents only when requested through an appropriate channel.