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…

Yes. South African law allows the founder of a trust to be one of its beneficiaries, and the founder may also serve as a trustee if the trust deed permits it. This is common in family trusts. Where the founder…

A family trust can hold a wide range of assets, subject to the trust deed and any law that applies to the particular asset. Common examples include immovable property, listed and unlisted shares, unit trusts and exchange-traded funds, cash and…

South African trust law does not prescribe a general maximum lifespan for an inter vivos trust. A trust can therefore continue for a long period, including across generations, if its trust deed permits this and it continues to have a…

Yes. A trustee may also be a beneficiary of the same trust. This is common in South African family trusts, where family members may serve as trustees while also being discretionary beneficiaries. There is, however, an important limit at the…

South African law does not prescribe a general maximum number of trustees or beneficiaries in a family trust. The trust deed determines who may serve as trustee and how beneficiaries are defined, subject to the general requirements of trust law…