Fiduciary Solutions

Ensure that your loved ones are taken care of financially and that your demise does not impact your heirs financially.

Ensure that the pitfalls of a poorly drafted Will are avoided.

Ensure that your Will complies with legislative and regulatory requirements.

Ensure that the distribution of your estate is done in a fair and timeous manner and that your assets are distributed efficiently to your beneficiaries.

Ensure that your Will is regularly updated in accordance with life changing circumstances.

Calculate the total costs in your estate upon your demise. This calculation indicates the immanent liabilities, estate related taxes, and executor’s fees that will necessitate the availability of cash or liquid funds in order to ensure that labilities and costs are expunged without having to sell off assets.

Calculate the application of your antenuptial contract to your overall estate to ensure that your Will is drafted correctly.

Drafting of essential contracts such as universal partnership agreements and loan agreements ensures that your contractual rights or obligations are recorded for the ease of the administration of your estate.

Carefully and concisely plan and manage any costs and taxes relating to your estate taking your unique circumstances into account to ensure that all applicable legislation is considered to ensure that your wishes are capable of fruition and that sufficient flexibility is integral to the plan to allow for your evolving circumstances.

Review and analysis of your current inter vivos trust to ensure that the trust is compliant with updated legislation and regulations.

Provision of a range of vehicles to facilitate your generational wealth preservation.

A corporate trustee’s duties include legal guidance to ensure proper governance for your trust, and compliance with changing legislative, regulatory and compliance requirements.

• Drafting and maintaining resolutions.
• Maintaining an asset register.
• Ensuring that the annual financial statements are prepared correctly.

Estate administration and executor services entail attending to the winding up of the deceased’s estate in accordance with the deceased’s Will and the applicable legislation.

Analyse your business structures and liabilities to determine the potential costs to your business upon your demise in order to plan and manage the impact of disruption to your business that may result in depreciation in the value of your business.

Structure your estate planning to ensure that your business continuity plan correlates with your estate plan and have a concise plan for your business to be purchased out of your estate or bequeathed in a clear constructed manner. Align the business constituting documents and contracts between relevant parties with estate plan and ensure compliance with legislative requirements to ensure your wishes can be implemented.

Ensure that your wishes regarding your business continuity plan, are technically and legally capable of fruition.

Determine the resulting taxes in your estate and ensure that the correct business valuation is utilised for risk planning. Avoid the pitfalls of an incorrect valuation of a business which may result in the business value being utilised to defray various tax costs, leaving very little value to your heirs.

Assess whether your applicable marital regime can affect your business continuity plan and whether the value of your business may be subject to marital claims resulting in unintended estate planning consequences.

Ensure that the contractual terms between shareholders is carefully formulated to facilitate the efficient and prompt transfer of shares out of deceased shareholders’ estates according to concise terms and at a pre-determined agreed value.

Ensure that your company constituting documents are aligned with your business continuity plan and that all conflicting provisions are eradicated and streamlined. Expedite the administration of the shares in your estate to prevent delays in the winding up of your estate caused by conflicting and ambiguous constituting documents and shareholder agreements.