South Africa: Trusts

South Africa's Regulation of Trusts Bill, 2026 proposes the most significant overhaul of trust law since 1988, introducing comprehensive compliance obligations, beneficial ownership transparency, and enhanced regulatory oversight. While aimed at strengthening accountability and aligning with international anti-money laundering standards, the Bill raises critical questions about practical implementation, institutional capacity, and the balance between regulatory rigor and administrative feasibility.

The Regulation of Trusts Bill, 2026 seeks to repeal South Africa's Trust Property Control Act, 1988, introducing sweeping changes to trust law including expanded beneficial ownership disclosure requirements, enhanced trustee duties, and new criminal penalties. Will these modernization efforts align South Africa with international transparency standards, or will the onerous compliance obligations discourage competent professionals from serving as trustees?

Can cryptocurrency be held in a South African trust, and what regulatory frameworks govern such arrangements? This analysis examines the intersection of traditional trust law with digital assets...

Trustees play a vital role in managing trusts, and staying compliant with tax and regulatory obligations is paramount. Recent legislative amendments have brought significant changes...

Amendments to the Trust Property Control Act 1988, which are intended to address the shortcomings in beneficial ownership transparency in South Africa's regulatory framework, were brought into force on 1 April after the implementing regulations were gazetted on 31 March.

South Africa has introduced a new reporting obligation for trustees to keep up-to-date records of the beneficial ownership of trusts and to submit that information...

Clients who have made, as well as those who are considering making, interest-free or low-interest loans to trusts must take note of a recent inclusion to the Income Tax Act.

We attempt to clarify Section 20(9) of the Companies Act through Stephen Malcolm Gore N.O. case

Many employee share incentive schemes involve the use of trusts to house the shares until such time as they vest in the employees.