The Trust Release Form is a crucial document in South African trust administration that formalizes the process of releasing a trustee from their fiduciary duties. It is typically used when a trustee resigns, is removed, or their term of service comes to an end. The document must comply with the Trust Property Control Act 57 of 1988 and related legislation, often requiring approval from the Master of the High Court. It includes detailed provisions about the handover of trust assets, final accountings, and indemnifications. The form serves to protect both the outgoing trustee and the trust by clearly documenting the release terms and ensuring all legal requirements are met. This document is particularly important in South Africa's legal framework, where trust law combines elements of common law, statutory law, and Roman-Dutch legal principles.
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1. Parties: Identification of all parties including the trust, current trustees, outgoing trustee(s), and beneficiaries if applicable
2. Background: Context of the trust establishment, appointment of the trustee(s), and reason for the release
3. Definitions: Key terms used in the document including 'Trust Property', 'Trust Deed', 'Effective Date', and 'Release Period'
4. Confirmation of Trust Activities: Statement confirming the trustee's role and period of service
5. Accounting Statement: Confirmation of final accounting and handover of trust assets
6. Release Provisions: Detailed terms of the release including scope and limitations
7. Indemnification: Terms of indemnification for the released trustee
8. Surviving Obligations: Any continuing obligations or duties that survive the release
9. Governing Law: Confirmation of South African law as governing law and jurisdiction
10. Signatures: Execution blocks for all parties including witnesses
1. Beneficiary Consent: Required when adult beneficiaries need to consent to the release
2. Master's Office Approval: Required when the Trust Property Control Act mandates High Court or Master's approval
3. Asset Transfer Provisions: Required when specific assets need to be transferred to remaining or new trustees
4. Tax Clearance: Required when there are significant tax implications or requirements from SARS
5. Dispute Resolution: Optional section detailing specific dispute resolution procedures
6. Confidentiality: Required when sensitive trust information needs protection
1. Schedule A - Trust Property Inventory: Detailed list of trust assets and their current status
2. Schedule B - Outstanding Actions: List of any pending matters or actions requiring attention
3. Schedule C - Financial Statements: Summary of financial positions and transactions
4. Appendix 1 - Trust Deed Extract: Relevant excerpts from the trust deed regarding trustee removal/resignation
5. Appendix 2 - Master's Directions: Copy of any directions or approvals from the Master's Office
6. Appendix 3 - Supporting Documents: Additional documentation supporting the release
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