The two terms describe different features and are not opposites. “inter vivos” describes when and how the trust is created: during the founder’s lifetime. “Irrevocable” is a description sometimes used to indicate that the founder does not have an unrestricted…

Not in the same way that you withdraw money from your own bank account. Money held as trust property must be dealt with by the trustees in accordance with the trust deed and their fiduciary duties. A beneficiary can request…

There is no single trust that is automatically “best” for holding a house. Where a South African family deliberately chooses trust ownership, a discretionary inter vivos trust is a commonly used structure because it can provide continuity and flexibility in…

A common example is a family discretionary trust established during the founders’ lifetime to hold long-term investments or shares in a family business for the benefit of family members. The trust deed identifies the beneficiaries and appoints trustees, who manage…

There is no prescribed market price for establishing a family trust in South Africa. Professional fees depend on the complexity of the trust deed, the advice required, the number and nature of the parties, and whether the trust forms part…

A living or inter vivos trust can provide continuity, structured management of assets and flexibility in providing for beneficiaries. Trust property does not fall into the founder’s deceased estate simply because the founder dies, so the trustees can continue administering…

A family trust is the informal term commonly used for a trust established to hold and administer assets for the benefit of members of a family. It is not a separate legal category under South African law. Most family trusts…

“Living trust” is not a formal statutory term in South African trust law. It is commonly used to describe an inter vivos trust, meaning a trust created during the founder’s lifetime rather than under a will after the founder’s death.…

The beneficiaries of an inter vivos trust are the persons, entities or determinable classes identified in the trust deed as those for whose benefit the trust is administered. They may include individuals, companies, other trusts or a clearly defined class…

An inter vivos trust is most useful where there is a clear long-term purpose that justifies separating assets from personal ownership and accepting the governance and tax obligations that follow. Common examples include preserving family or business assets across generations,…