What Does Under Trust Agreement Mean

A possible early concept that then evolved into what is now understood as a land trust. An old king (settlor) concedes the property to its former owner (beneficiary) during his absence, supported by witness statements (trustees). Essentially, and in this case, instead of the subsequent state (trustee and asset holder in the highest position), the king issues the property with the previous product to the original beneficiary: until recently, there were tax advantages for living trusts in South Africa, although most of these benefits have been removed. Protecting creditors` assets is a modern advantage. With a few notable exceptions, the assets held by the trust are not owned by the trustees or beneficiaries, creditors of the trustees or beneficiaries cannot have any claim against the trust. Under the Insolvency Act (Act 24 of 1936), assets transferred to a living trust remain exposed to the risk of external creditors for 6 months if the former owner of the assets is solvent at the time of the transfer, or 24 months if he is insolvent at the time of the transfer. After 24 months, creditors no longer have claims on the trust`s assets, although they may try to seize the loan account, forcing the trust to sell its assets. Assets can be transferred to the living trust by selling it to the trust (through a loan to the trust) or by donating money to the trust (any natural person can donate R100,000 per year without levying tax on donations; 20% gift tax applies to subsequent donations in the same tax year).