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Wills, Trusts and Deceased Estates

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Address:
Parktown, Johannesburg, Gauteng
Description:

Mission:
Fiduciary 24 exists to help our clients by developing life and estate plans designed to protect, preserve, and pass property to selected individuals or beneficiaries in a tax-efficient manner.

Vision:
Our vision is to be the elite boutique fiduciary practice of choice in Africa, admired by colleagues and clients alike.
Values:
Our vision and strategy are underpinned by our values, which guide how we conduct business at Fiduciary24:
• Client-centricity- our clients are at the front and centre of everything we do
• Honesty- we conduct our business in an authentic, ethical manner and behave with utmost integrity
• Agility- we are always flexible and open to change, adapting to challenges and uncertainty
• Creativity – we deploy our extensive legal and tax knowledge and experience in order to sculpt creative and bespoke estate planning solutions for our clients.

WHAT WE DO

The Fiduciary24 practice dedicates its experience and creativity to advising and guiding individual clients and families on preserving and protecting their wealth and capital base across generations. Our experienced team, which includes lawyers, accountants and fiduciary practitioners concentrates exclusively on formulating and implementing creative and proactive strategies to transfer resources and preserve capital for clients and their families. We have been involved in this field for over 15 years. We are members in good standing of the Fiduciary Institute of South Africa and as such we are governed by its Code of Ethics.

SERVICE OFFERINGS

Our service offerings include:

A. Wills
The services we render in this regard are:
• Drafting Wills
• Drafting Codicils / Amendments to Wills
• Providing advice on the most tax-efficient way to bequeath your assets to your beneficiaries
• Regular review of Wills to ensure that the wishes of the testator are met and also to ensure legal compliance.

B. Ante-Nuptial Contracts
In this regard, we undertake the following:
• Advising on the matrimonial regimes in South Africa: in community of property, out of community of property and out of community of property incorporating the accrual system
• Drafting and registration of Ante-Nuptial Contracts at the Deeds Office
• Where you are already married, we can also assist with bringing applications for the post-nuptial registration of the Ante-Nuptial Contract
C. Co-Habitation Agreements
When you choose to live with your partner outside of marriage, it is important that you formally regulate the issue of property acquired before the co-habitation, property acquired during the cohabitation – either jointly or individually. In this connection, we can assist by drafting Co-Habitation Agreements, Life Partner Agreements, etc.

D. Trusts
In appropriate circumstance, Trusts are an important tool in estate planning and asset protection. The services rendered in this regard include:
• Drafting and registration of Testamentary Trusts
• Drafting and registration of Inter-Vivos Trusts
• Drafting and registration of Business / Trading Trusts
• Drafting and registration of Special Trusts (to cater for needs of physically disabled and minor beneficiaries)
• Advising on Trust Governance to ensure adherence with Trust Deed, Trust Property Control Act and common law
• Taking up appointment as independent Trustee, where required
• Conducting training on Trusts, such as Trustee and Beneficiary Training
• Periodically reviewing Trusts to ensure compliance with legal requirements.

E. Administration of Deceased Estates

Contrary to what some might think, the administration of deceased estates is a long-drawn out and complicated exercise. Entrusting the winding up of your deceased estate to an experienced professional is therefore highly recommended.

In this regard, we can assist you by either taking up appointment as executor or acting as agent of the executor.

The scope of services that we render entail:
• Reporting the death of the deceased testator
• Applying for and obtaining Letters of Executorship
• If there is a Will, assessing and advising on the validity of the Will
• Identifying and taking control of the assets of the deceased
• Identifying and communicating with the creditors of the deceased
• Identifying and communicating with the heirs of the deceased
• Identifying and placing valuations on assets in the deceased estate
• Placing advertisement notifying of the death of deceased and inviting creditors to lodge claims
• Ascertaining liquidity and solvency of the estate
• If necessary, realising assets to settle estate debts
• Completing and submitting final tax returns of the deceased with SARS
• Establishing Capital Gains Tax implications: ascertaining base cost of estate assets and calculating capital gains tax liability of the estate and payment thereof to SARS
• Calculating estate duty liability of the estate, having taken into account all relevant deductions and paying same to SARS
• Where called for, drafting Redistribution Agreements among estate heirs
• Drafting Liquidation and Distribution Account and ensuring approval thereof by the Master of the High Court
• Arranging for payment of estate creditors
• Arranging for transfer of bequests / inheritance to relevant beneficiaries
• Where immovable property is involved, arrange for registration of transfer of such into the name of beneficiaries at the Deeds Office
• Once estate is finalised, obtain formal discharge by the Master of the High Court.

F. Dispute Resolution
In the event of disputes arising during the course of the administration of the deceased estate, we facilitate resolution thereof by various tools, such as mediation, litigation, etc.

G. Curatorship

Where an individual that owns assets loses their legal capacity – through illness or otherwise, it is important that their estates / assets are protected as soon as possible. In this connection, we can assist by advising and bringing application to the High Court for the appointment of a suitable curator who would administer the affairs of the incapacitated person, thereby preserving their asset / capital base.

H. Insolvency Applications

In appropriate circumstances, the law of insolvency can be used to protect one’s asset base from potential financial ruin.

Our services in this regard include:
• Drafting and bringing applications for the voluntary surrender of the insolvent person’s estate
• Where appropriate, drafting and bringing applications for the rehabilitation of the insolvent person
• Negotiating with Trustees and Liquidators to protect the rights and assets of insolvent persons

I. Business Clients

For individuals that are engaged in business activities, either as business proprietors or as investors, we can assist as follows:
• Drafting suitable Shareholder Agreements
• Drafting Key-Man Agreements
• Drafting Buy-Sell Agreements
• Drafting and bringing Business Rescue Applications, where warranted
• Drafting and bringing applications to convert marital regime from in community of property to out-of-community of property, with an Ante-Nuptial Contract.

THE TEAM

The Team at Fiduciary24 is headed by experienced lawyer and Notary Public with over 20 years legal experience. He holds the following relevant qualifications: LLB (Wits), Certificate in Tax (Unisa), Advanced Course in Insolvency Litigation and Administration (University of Pretoria), Certificate in Business Rescue (Unisa). He is currently completing the Advanced Diploma in Trusts and Estates Administration with the University of the Free State.

CONTACTS:

For more details, feel free to reach us at:

Email: [email protected]
Website: www.fidicuary24.co.za
Cell: 072 776 0758

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Contact Information
Phone: 0727760758

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