Discretionary Living Trusts A legacy for generations

Written by Trust Specialist, Mervin Messias, it is the culmination of knowledge and expertise that has been acquired over many years’ study and practice of Trust law.

The author recommends the use of Trusts as part of estate planning because they provide solutions to many potentially complicated problems related to asset protection, succession planning, and disability protection. Many little-known benefits of Trusts are revealed to help protect your hard-earned wealth for generations to come. A Trust circumvents the whole process of winding up an estate, together with its potential delays, hassles and frustration.

In fact, a Trust deserves pride of place in any estate plan. It means business as usual, even after death, with no executor, executor’s fees or estate duty.

Read all about it!

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    Are your affairs in order...


    Are your affairs in order – good sense or no(n)sense?

    Are your affairs in order – good sense or no(n)sense?

    Here’s the thing – death has been known to strike unexpectedly and wreak all sorts of havoc, heartache and ugly in-fighting among the best of families.

    You may be young, busy living your life in all its glorious fullness (as you should!) and the dismal subject of death is furthest from your mind.  Or perhaps, you’re the proverbial ostrich gripped by a fear of death?  Neither approach ends well.  Trust me.

    My advice?  Get real, real soon.

    Good news!  I’m a specialist in this field and am ready to help you get your affairs in order, right down to the finest detail – budgies, books and bonsais!

    Over many years’ experience as a specialist in Estate Planning, Wills, Trusts and Tax, I’ve witnessed first-hand how money can destroy families and once a person dies, how many ne’er-do-wells crawl out of the woodwork.  Who do you know who’d be ecstatic at having the opportunity to lay claim to your assets, or part thereof?  Think ex-spouses, blended family opportunists…!

    Contrary to popular belief, attorneys do not enjoy or benefit from the misery of others.  What we benefit from is your ill-preparedness and the fallout that lands in our laps.  We should say ‘thank you’ but few of us take pleasure in wading through the adversarial storm of warring family members or the devastation that follows when people die intestate.

    My job as a specialist in Estate Planning, Trusts, Wills and Tax is to offer a proactive and water-tight alternative that helps mitigate all the above.  When you are properly prepared, your express wishes are carried out to the letter so that your assets do not land in the wrong or undeserving hands.

    Estate Planning, Trusts and Wills focus on the people closest to you: partners, children, grandchildren, favourite family members and close friends.  It means you get to nominate each beneficiary (individuals and charities) and what assets you want included (life assurance policies, savings, property, business interests, family heirlooms and so on).  It cements your and their financial security in life and beyond.  The amount in your estate is not the issue, the issue is securing what you’ve accrued for the people you determine as beneficiaries, and no one else.

    It also involves taxes – income, death and gifts.  Do you know how to optimise the tax benefits legally available to you?  Also, there are prescribed procedures with red tape and courts of law that only a group of specialists knows how to navigate efficiently.  Few people understand the complexity of this process or the time frames.

    Obviously, there are set-up costs for Estate Planning, Trusts and Wills but it boils down to less now or a lot more later!

    Since each client is unique, there is no one-size-fits-all approach.  You want a neat, clear and carefully structured package that is exclusively yours and provides complete peace of mind.  A chaotic paper trail of instructions that lack clarity and direction holds all the charm of a hand grenade.

    Estate Planning is for all South Africans with assets and liabilities, regardless of race, gender, religious persuasion, age or means.  This field of law is my speciality, my focus, my life.  Sometimes, I’m asked to check Trusts and Wills set up by others and have found more holes than a commercial fishing net!  Easier to fix before than after death.

    Please contact me if you’d like professional help setting up an Estate Plan, Trust or Will, or advice on Tax.  We can start from scratch or review what you already have in place.  Quotation available on request.

    DR MERVIN MESSIAS – JD (Juris Doctor) / BA, LLB University of the Witwatersrand
    TEP (Trust & Estate Practitioner) / MTP (Master Tax Practitioner – S.A.)

    Call +27 (0) 82 881 0765 or book an appointment with my Executive Assistant, Jutleth Mkhonza.
    Email or call +27 (0) 11 783 0108