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.

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    Dr. Mervin Messias

    BA (Wits), LLB (Wits), Juris Doctor (USA), TEP (Trust & Estate Practitioner)

    In business and in life, I have always believed that preparedness works to one’s advantage.

    My mission is to help my clients understand how a Discretionary Living Trust exemplifies preparedness – in life and in business, for the current generation and for those that follow. Correctly tailored to each client’s unique requirements and expectations, it is my opinion that there is no finer legal mechanism that offers such long term, relevant and valuable benefits.


    Discretionary Living (Inter Vivos) Trusts are my passion. They can be specifically drafted to accomplish a host of estate planning objectives, offer alternatives where advantageous and include applicable tax concessions.


    In a nutshell, these are the reasons I believe Discretionary Living Trusts merit serious consideration.

    · Asset Protection,

    · Succession Planning.

    · Disability Protection.


    A trust comes into being and is fully operational once it has been registered at the Master of the High Court’s offices and the Letters of Authority have been issued to the Trustees.

    It is structured to meet each Founder’s objectives, so no two Trusts are identical. Since they are governed by The Trust Property Control Act 57 of 1988, the Founder has the assurance that administrative checks and balances by a higher authority are in place.




    It remains relevant to current times and allows people to control their property while they are alive and able and give what they have, to whom they want, in the way they want, when they want.


    The key provisions of a Discretionary Living Trust may be summarised as follows:

    · Immediate and ongoing distribution of property, both during the Founder’s lifetime and for the generations that follow.

    · A more secure and private haven for one’s assets.

    · Continuity in one’s affairs.

    · Amendments that accommodate changing circumstances.

    · Freedom from estate winding-up procedures and costs.

    · Monitoring of Trustee performance.

    Speak to a Trust Specialist Now

    Find Us

    Dr. Mervin Messias’s contact details are below:

    Physical Address:

    104 11th Street, Parkmore,
    South Africa, 2196

    Phone number:

    +27 (0) 11 783 0108