In many ways, trusts in South Africa operate in the same way as other common law countries, while South African law is in fact a mixture of the British common law system and Roman-Dutch law. A settlor must intend to impose a legally enforceable obligation on the agent to use the declared assets for the benefit of another. An agent may not have an uncontrolled freedom to use the fiduciary property, but must be required to manage it for another. See z.B. Ponzelino v. Ponzelino, 26 N.W.2d 330 (Iowa 1947); Comford/. Cantrell, 151 S.W.2d 1076 (Tenn. 1941); Pittman v. Thomas, 299 S.E.2d 207 (N.C 1980). Funded or unfunded trusts are trust contracts in which funds (assets) are invested or not.
These trusts can be funded at any time, either during life or after the death of the trust holder. Special Needs Trust: This trust is intended for a dependant who benefits from state benefits such as social security disability benefits. The establishment of the trust allows the disabled person to collect income without affecting or expiring government payments. Although trusts are often associated with intra-family capital transfers, they have become very important in U.S. capital markets, particularly through pension funds (still mostly trusts in some countries) and investment funds (often trusts).  The beneficiary may be a natural person, entity or class of persons. As long as a business is able to assume and hold the right of ownership, it is able to be the beneficiary of a trust. In the case of a class of people, the class must be easily identifiable. Negative aspects of using living trust as opposed to a will and estate include upstream legal fees, the cost of administering the trust, and the absence of certain guarantees. The cost of the trust can be as high as 1% of the estate per year, compared to the one-time estate fee of 1 to 4% for the applicable reduction, whether or not there is a design will.
Unlike trusts, wills must be signed by two or three witnesses, the number depends on the law of jurisdiction in which the will is executed. The legal protection that applies to the estate, but does not automatically apply to trusts, includes provisions that protect the scammer`s estate from mismanagement or misappropriation of funds, for example.B. Requirements for obligation, insurance and the ventilated accounting of estate assets. There are many different types of trusts, but the general idea is a tripartite ownership system in which one party gives another party the right to hold property or assets for another party (which benefits from the agreement). Third, you need to determine the type of trust. There are many different types of trust that can be used to achieve different goals. A New York estate planning lawyer will be able to interview his client to determine the best type of trust that meets the client`s needs. Fifth, the trust must have at least one beneficiary, but it could also have several beneficiaries.
The beneficiary of a trust receives a portion or part of the property within the trust, just as the beneficiaries of a will can then obtain assets from an individual`s estate. However, no particular word, such as “trust” or “fiduciary” or form of behaviour, is necessary for the creation of a trust to be valid. Moreover, the mere presence of such words does not guarantee that the court will automatically find the necessary intention to create a trust. Finally, the Trust res must be a specific property that is actually identified or described with sufficient certainty that it is identifiable.