A Master Trust Deed is essential for establishing and operating trusts in South Africa, providing the fundamental framework for trust governance and administration. This document is required when creating any formal trust arrangement, whether for family wealth management, business purposes, charitable aims, or asset protection. The deed must comply with South African legislation, particularly the Trust Property Control Act, and requires registration with the Master of the High Court. It contains comprehensive provisions covering trustee powers, beneficiary rights, asset management, and distribution rules. The Master Trust Deed serves as the primary reference point for trustees and administrators throughout the trust's existence, ensuring proper governance and compliance with legal requirements. It's particularly crucial for establishing clear guidelines for trust administration, dispute resolution, and succession planning.
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1. Parties: Identification of the Founder/Donor and initial Trustees
2. Background: Context of trust formation, intention of the Founder, and purpose of the trust
3. Definitions and Interpretation: Defined terms, interpretation rules, and governing law provisions
4. Creation and Nature of Trust: Formal establishment of trust, declaration of trust property, and trust name
5. Trust Objects and Beneficiaries: Purpose of the trust and identification/classification of beneficiaries
6. Powers and Duties of Trustees: Comprehensive list of trustee powers, responsibilities, and limitations
7. Trust Administration: Day-to-day management procedures, meeting requirements, and decision-making processes
8. Appointment and Removal of Trustees: Procedures for trustee appointments, resignations, and removals
9. Trust Property: Management, investment, and administration of trust assets
10. Distribution of Income and Capital: Rules governing distributions to beneficiaries
11. Record Keeping and Accounts: Requirements for financial records, accounts, and audits
12. Amendment and Termination: Procedures for amending the deed and terminating the trust
1. Investment Policy: Detailed investment guidelines and restrictions - include for trusts with substantial investment activities
2. Remuneration of Trustees: Provisions for trustee compensation - include if trustees will be professionally remunerated
3. Special Powers: Additional powers for specific purposes - include for trusts with unique objectives or activities
4. Sub-Trusts: Provisions for creating and managing sub-trusts - include for complex family or business trusts
5. Dispute Resolution: Detailed dispute resolution procedures - include for large family trusts or business trusts
6. Foreign Assets: Specific provisions for foreign assets - include if trust will hold offshore investments
7. Protection Provisions: Additional asset protection clauses - include for trusts with asset protection objectives
1. Schedule 1 - Initial Trust Property: Detailed list of assets initially settled in the trust
2. Schedule 2 - Initial Trustees: Details of initial trustees including full names, addresses, and ID numbers
3. Schedule 3 - Initial Beneficiaries: List of initial beneficiaries and their details (if fixed)
4. Schedule 4 - Trustee Remuneration: Schedule of agreed trustee fees and payment terms
5. Schedule 5 - Investment Guidelines: Detailed investment policies and restrictions
6. Appendix A - Trustee Resolution Template: Standard format for trustee resolutions
7. Appendix B - Distribution Policy: Detailed guidelines for income and capital distributions
8. Appendix C - Compliance Checklist: Regulatory compliance requirements and procedures
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