The Family Trust Deed serves as the constitutional document for establishing and operating a family trust in South Africa. This essential legal instrument is utilized when individuals or families wish to create a structured vehicle for asset protection, wealth preservation, and succession planning. The deed must comply with South African trust law, particularly the Trust Property Control Act 57 of 1988, and requires registration with the Master of the High Court. It comprehensively details the trust's purpose, parties involved, administrative framework, and distribution mechanisms. The document is particularly relevant for high-net-worth individuals, business owners, and families seeking to protect assets, optimize tax efficiency, and ensure orderly succession across generations while maintaining flexibility for changing family circumstances.
Thank you! Your submission has been received!
Oops! Something went wrong while submitting the form.
Your data doesn't train Genie's AI
You keep IP ownership聽of your docs
1. Parties: Identification of the Founder/Donor, initial Trustees, and initial Beneficiaries
2. Background: Purpose of establishing the trust and context of the trust creation
3. Definitions and Interpretation: Definitions of key terms used in the deed and interpretation rules
4. Creation and Nature of Trust: Declaration of trust creation, trust name, and type (inter-vivos/discretionary)
5. Trust Objects and Beneficiaries: Definition of trust purpose and beneficiary classes
6. Trust Property: Initial trust capital/assets and provisions for additional contributions
7. Powers and Duties of Trustees: Comprehensive list of trustees' powers and responsibilities
8. Trustee Appointments and Removals: Procedures for appointing, removing, and replacing trustees
9. Trust Administration: Rules for trust management, meetings, and decision-making
10. Distribution of Income and Capital: Rules governing distributions to beneficiaries
11. Amendment and Variation: Procedures for amending trust deed provisions
12. General Provisions: Miscellaneous clauses including governing law and severability
13. Termination: Circumstances and procedures for trust termination
1. Investment Guidelines: Specific investment policies and restrictions when the trust has substantial investment activities
2. Business Operations: Required when trust operates a business or holds business interests
3. Foreign Assets: Provisions for handling offshore assets and compliance with international regulations
4. Protector Provisions: When a trust protector role is desired for additional oversight
5. Special Needs Provisions: Specific provisions for beneficiaries with special needs or disabilities
6. Generation-Skipping Provisions: For trusts designed to benefit multiple generations
7. Charitable Purposes: When the trust includes charitable objectives alongside family benefits
1. Schedule A - Initial Trust Property: Detailed list of assets initially settled in the trust
2. Schedule B - Initial Beneficiaries: Complete details of initial beneficiaries including vested rights if any
3. Schedule C - Trustee Details: Full details of initial trustees including contact information
4. Schedule D - Trustee Remuneration: Schedule of trustee fees and reimbursement policies
5. Schedule E - Distribution Policy: Detailed guidelines for income and capital distributions
6. Appendix 1 - Trust Administration Guidelines: Operational procedures for trust administration
7. Appendix 2 - Investment Policy Statement: Detailed investment guidelines and restrictions
Find the exact document you need
Deed Of Bare Trust
A South African legal document establishing a bare trust arrangement where trustees hold legal title to assets while beneficiaries maintain beneficial ownership and control.
Download
Registered Trust Deed
A South African legal document establishing a trust arrangement, registered with the Master of the High Court, defining trustee powers and beneficiary rights.
Download
Pension Scheme Trust Deed
A South African legal document establishing and governing a pension fund scheme, setting out rules for operations, contributions, benefits, and governance under local pension laws.
Download
Deed Of Interest
A South African legal document that formally establishes interest payment terms and conditions between parties, governed by South African law and requiring formal registration.
Download
Deed Of Amendment And Restatement
A South African law-governed formal document that amends an existing agreement and restates it in its entirety, creating a consolidated version of the modified agreement.
Download
Deed Amendment
A South African legal document that modifies an existing deed, prepared by a conveyancer and registered at the Deeds Office.
Download
Simple Declaration Of Trust Property
A South African legal document establishing a trust relationship where trustees manage assets for beneficiaries under the Trust Property Control Act.
Download
Deed Of Appointment Trust
A South African legal document establishing trustee appointments and their powers in managing trust assets, governed by the Trust Property Control Act.
Download
Deed Of Trust Note
A South African legal document establishing a trust arrangement, detailing trustee powers, beneficiary rights, and trust asset management under local trust law.
Download
Quitclaim Deed From Trust To Individual
A South African legal document transferring property rights from a trust to an individual, without warranties of title, requiring registration with the Deeds Office.
Download
Simple Deed Of Trust
A South African legal document establishing a trust relationship for asset management and beneficiary protection, governed by the Trust Property Control Act.
Download
Deed Of Variation Trust Deed
A South African legal document that modifies an existing trust deed's terms, subject to the Trust Property Control Act and Master's approval.
Download
Land Trust Deed
A South African legal document establishing a trust for holding and managing land property, governed by the Trust Property Control Act.
Download
Declaration Of Trust Beneficial Interest
A South African legal document that establishes and confirms beneficial ownership rights in trust property, governed by South African trust law.
Download
Commercial Deed Of Trust
A South African legal document establishing a commercial trust structure, defining trustee powers, beneficiary rights, and asset management procedures under local trust law.
Download
Charity Trust Deed
A South African legal document establishing a charitable trust and defining its governance structure, charitable purposes, and operational framework under local trust laws.
Download
Supplemental Deed
A South African legal document that amends or supplements an existing deed, requiring registration at the Deeds Office.
Download
Community Trust Deed
A South African legal document establishing a trust for community benefit, governed by the Trust Property Control Act, defining its structure, governance, and beneficiaries.
Download
Subordinate Deed Of Trust
A South African law-governed document establishing the subordination of security interests in a trust arrangement and defining creditors' priority rights.
Download
Replacement Trust Deed
A South African legal document that replaces an existing trust deed with updated terms while maintaining the trust's essential structure and purpose.
Download
Notarial Deed Of Trust
A notarially executed legal document establishing a trust in South Africa, setting out terms for asset management and beneficiary interests under South African law.
Download
Living Trust Deed
A South African legal document establishing an inter vivos trust, defining its structure, management, and beneficiary arrangements under the Trust Property Control Act.
Download
Flexible Trust Deed
A South African law-governed document establishing a flexible trust structure that defines trustee powers, beneficiary rights, and trust administration procedures.
Download
Debt Trust Deed
A South African law-governed trust instrument establishing the framework for debt securities issuance and noteholder protection.
Download
Construction Deed Of Trust
A South African legal document establishing a trust structure for managing construction projects, combining trust law with construction industry requirements and regulations.
Download
Testamentary Trust Deed
A South African legal document that establishes a trust through a will, defining trust governance, beneficiary rights, and trustee duties under South African law.
Download
Inter Vivos Deed
A South African legal document for transferring property or rights between living persons, governed by the Deeds Registries Act.
Download
Revocable Deed Of Trust
A South African legal document establishing a modifiable trust arrangement that can be revoked by the founder, subject to local trust laws and regulations.
Download
Life Trust Deed
A South African legal document establishing an inter-vivos trust, defining trustee powers, beneficiary rights, and trust asset management framework.
Download
Master Trust Deed
A South African legal document establishing and governing the structure, purpose, and administration of a trust under local trust law.
Download
Irrevocable Deed Of Gift
A South African legal document that enables the permanent and irrevocable transfer of property or assets from a donor to a donee without compensation.
Download
Security Trust Deed
A South African law-governed document establishing a trust structure for managing security interests on behalf of secured creditors, defining trustee powers and security arrangements.
Download
Family Trust Deed
A South African legal document establishing a family trust, defining its structure, beneficiaries, and governance under the Trust Property Control Act.
Download
Deed Of Debt
A South African legal document that formally acknowledges and sets out the terms of a debt obligation between parties, providing a legally enforceable framework for debt repayment.
Download
骋别苍颈别鈥檚 Security Promise
Genie is the safest place to draft. Here鈥檚 how we prioritise your privacy and security.
Your documents are private:
We do not train on your data; 骋别苍颈别鈥檚 AI improves independently
All data stored on Genie is private to your organisation
Your documents are protected:
Your documents are protected by ultra-secure 256-bit encryption
We are ISO27001 certified, so your data is secure
Organizational security:
You retain IP ownership of your documents and their information
You have full control over your data and who gets to see it
.png)