Trust Administration
Presenters : Nicolene Schoeman-Louw
Overview
South African trusts face the most demanding compliance environment in South Africa’s history, with SARS, the FIC, and the Master of the High Court simultaneously tightening enforcement across tax, anti-money laundering, and beneficial ownership obligations.
Three regulators. Three registers. Three penalty regimes. One set of clients.
From 1 March 2026, SARS will begin imposing monthly administrative penalties on trusts with outstanding returns — the final piece in a regulatory trifecta that already includes criminal sanctions of up to R10 million and 5 years' imprisonment under the Trust Property Control Act, and administrative fines reaching R50 million under the FIC Act.
South Africa’s trusts now face simultaneous enforcement from three regulators:
▶ SARS — Monthly penalties from R250 to R16 000, accruing for up to 35 months; criminal prosecution under section 234 of the TAA; understatement penalties up to 200%.
▶ FIC — Administrative fines up to R50 million; criminal sanctions up to R100 million or 15 years’ imprisonment for failure to comply with FICA obligations.
▶ Master of the High Court — Criminal sanctions up to R10 million or 5 years’ imprisonment for failure to maintain and lodge the Beneficial Ownership register.
This practical webinar is designed to move beyond theory and focus on the real administrative pressures faced by practitioners. It will provide clear guidance on trustee duties, proper record-keeping, minutes and resolutions, compliance requirements, tax considerations and common pitfalls that can expose trustees and advisors to risk.
Join Nicolene Schoeman-Louw for a focused two-hour session that moves beyond the legislation and into the operational realities facing every tax accountant right now. This is not a theoretical overview. It is actionable guidance for the compliance environment that exists today
Learning objectives
Attending this webinar will equip you with the following skills:
-
Understand the nature and purpose of trusts, including the main types and their specific purposes, how they operate in reality and their role in estate planning, asset protection and succession planning.
-
Distinguish between trustee and administrator responsibilities, including the legal duties, powers and potential personal liabilities of trustees, the operational role of the trust administrator and the difference between administrative and fiduciary responsibilities.
-
Apply the legal framework governing trusts with a working understanding of compliance requirements under the Trust Property Control Act as well as obligations to SARS and the Master of the High Court.
-
Implement effective trust administration and record-keeping systems, including maintaining accurate accounting records, resolutions and supporting documentation to ensure transparency and compliance.
-
Identify and mitigate common trust governance and administration risks that include recurring compliance failures and errors that may expose trustees and practitioners to financial, legal or reputational risk.
Content
The webinar will cover the following topics:
-
Overview of Trust Administration
-
What trust administration really entails in practice
-
Different types of trusts and their purposes
-
Practical implications of trust structures for trustees and beneficiaries
-
-
Roles, Responsibilities and Governance
-
Roles and responsibilities of trustees vs trust administrators
-
The core duties of trustees: rights, obligations, and personal risk
-
Fiduciary duties, independence, and decision-making
-
Administration vs fiduciary responsibility – what trustees often get wrong
-
-
Compliance and Risk Management
-
Master of the High Court requirements
-
Trust resolutions and effective minute-keeping
-
Maintaining proper trust records and documentation
-
Personal liability risks and how to mitigate them
-
-
Developing a Trust Administration Strategy
-
Building a compliant and defensible trust administration framework
-
Best practices to ensure continuity, transparency, and legal protection
-