Wills and Trusts

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LIBERTY WILLS AND TRUSTS Take care of the ones you love , even when you are not around

Transcript of Wills and Trusts

Page 1: Wills and Trusts

Liberty WiLLs and trusts

Take care of the ones you love, even when you are not around

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2 Liberty WiLLs and trusts Take care of The wealTh you’ve creaTed

Take care of The wealTh you’ve creaTed

We can guide you with the creation of your Will, establish a Trust to ensure that your wealth is looked after for future generations and ensure that your estate planning needs are taken care of.

Liberty Wills and Trusts have appointed Standard Trust Limited to help provide these services to you because we know how important it is to protect your wealth and ensure that your wishes are carried out smoothly.

keeping your will safe

drafting of wills and estate planning

looking after the deceased’s estates

drafting of Trust deeds for various

types of Trusts

Managing assets on your behalf

liberty wills and Trusts core offering

What is a Will and why do you need one?A Will is a legal document that leaves instructions about what you want done with your personal possessions and property (your estate) when you pass away. Creating a Will makes sure that your wealth is taken care of and that your assets are distributed according to your personal wishes. If you do not have a Will, legislation will determine how your assets are distributed.

Benefits of doing your Will through Liberty

• For your convenience, we will collect your signed Will for free.• For ease of access, complete your Will online with the assistance of your financial adviser or broker.• You will receive an electronic reminder every two years to review your Will.• Standard Trust provides professional executor services to manage estates.• Charges and fees for administrating your estate are negotiable and cost effective.

What does your Will cover?It includes all your assets, your home, any land you own and any other form of property, as well as your cash equivalent assets: stocks, bonds, and unit trusts not held in a retirement annuity etc. If you have foreign assets, speak to your financial adviser or broker for guidance on how to include them in your Will.

What does your Will not cover?When taking out certain products, you may be asked to name a beneficiary(ies). When you pass away the proceeds from those products will be paid directly to the beneficiary(ies), therefore avoiding your estate. Examples of such products are:

• Retirement Annuities (award of benefits subject to the Fund Trustees discretion).• Pension funds (award of benefits subject to Fund Trustees discretion).• Life cover.

If you have assets sitting in a Trust then these will be distributed according to the Trustee’s instructions, and will not be covered by the Will.

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3Liberty WiLLs and trustsTake care of The wealTh you’ve creaTed

Five questions to think about when structuring your Will

1. Do you have any special requests such as leaving specific items to particular beneficiaries, for example leaving R1000 to the SPCA?2. Who will be the beneficiaries that will receive the balance of your estate and how much will they be able to receive? 3. If you have children under the age of 18 who will inherit your assets, how would you like these assets to be managed until your children come of age?4. Who will be the guardians of the beneficiaries younger than the age of 18?5. Who will be the executor to administer the estate?

Contact your Liberty financial adviser or broker, or email [email protected] to set up an appointment.

How much will it cost me?1. Pre-printed Will Free

2. Online Will Free

3. Comprehensive Will R 550.00

4. Comprehensive Will - where Standard Trust is not the nominated executor R 1 500.00

5. Will review (if the will is held in safe custody ) Free

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4 Liberty WiLLs and trusts keep your will safe

keep your will safe

For your convenience and peace of mind, a safe custody service is available, which is a simple way of keeping your Will in a safe place.

Four benefits of the safe custody service

1. Your Will is kept safe from loss, theft or damage, in a secure locked up vault with Standard Trust.2. A copy is readily available at any time you need it. Your family will be able to trace your Will without any difficulty or delay.3. You will receive SMS reminders every two years to review your Will.4. The confidentiality of your Will is guaranteed as no unauthorised person will be given access to it.

How much will keeping my Will in safe custody cost me?An annual safe custody fee is charged for the safe keeping of your Will R 125.00

looking afTer The deceased’s esTaTes

We know how some estates can be complicated to administer, given the mixture of assets and various legal processes one has to go through. Our arrangement with Standard Trust allows us to provide you with support through a professional executor who will be able to administer the estate on your behalf.

What does the administration of deceased estates entail?The administration of deceased estates is generally the process of winding up the affairs of the deceased and ensuring that their assets are distributed according to their wishes.

Why the need for a professional executor to wind up certain estates?The way some assets are arranged in some estates is complicated and there is a need for a professional executor who has experience in the administration of deceased estates to get involved. It is also a requirement from the High Court that a suitably qualified person is appointed to this role.

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5Liberty WiLLs and trustsin The evenT of you passing away

in The evenT of you passing away

Is an executor nominated in the Will? Law of Intestate Succession applies. Family member takes up appointment

Executor administers – no involvement from Standard Trust

Standard Trust can assist by signing a

Power of Attorney

Is the family member willing to administer the estate?

Is the executor willing to administer the estate?

Family member administers – no involvement from Standard Trust

Is there a Will?

yes no

yes no

yes no

yes no

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6 Liberty WiLLs and trusts proTecT your legacy for generaTions To coMe

proTecT your legacy for generaTions To coMe

If you’re concerned about how all your assets are going to be distributed or how much tax you will have to pay, let us guide you on how to set up a Trust.A Trust is a separate entity that can exist for a fixed period of time or forever and allows you to transfer your assets and determine how they are controlled. Your Liberty financial adviser or broker can guide you on how to set up a Trust, tailored to your specific needs.

A Trust also can help with

• Minimising capital gains and estate duty.• Financing your children’s education or careers.• Looking after your spouse’s needs after your death.• Providing investment management for your family after your death.• Looking after your wealth for future generations; and maintain the confidentiality of your beneficiaries.

a Trust is an entity into which you can transfer your assets and determine how those assets are used and allocated to the

various beneficiaries.

a will is a formal way to document your wishes relating to how you want to distribute your assets when you pass away.

what is the difference between a Trust and a will?

What are the main types of Trusts that we offer?You can get the following types of Trusts through us:• A Will Trust - is a Trust that only takes effect after the person passes away and is a provision of their Will.• A Living Trust - is set up and registered during the lifetime of the person creating the Trust.

What are the benefits of a Trust?

• Trusts can be expensive, yet we can tailor a unique price structure just for you to make managing your Trust more affordable.• Trust statements are delivered to you as and when you want.• We have dedicated Specialist Trust Managers to ensure that all your needs are taken care of.• The Trust account earns interest at money market related rates.

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7Liberty WiLLs and trustsproTecT your legacy for generaTions To coMe

Four questions to think about when registering a Trust

1. What is your motivation for establishing a Trust? For example do you want to maximise your tax benefits or protect family assets? 2. Who will be the Trustees to manage the assets within the Trust according to your mandate?3. Who will receive the benefits of your assets? 4. Who will administer the Trust? We offer competitively priced administration services.

Contact your Liberty financial adviser or broker, or email [email protected] to set-up an appointment.

How much will it cost me to register a Living trust? If Standard Trust is nominated as an independent Trustee R 4 609.00

If Standard Trust is NOT nominated as an independent Trustee R 6 949.00

How much will administration of my Living Trust cost me?

living Trusts – hybrid pricing option The Hybrid pricing option entails a combination of:• Professional trustee fees (fixed at 0.2% per annum calculated on all assets under management per annum) and a fixed fee.• The fixed fee is based on the Trust Asset Composition and service offering selected and is billed (as per the table below).

Trust Type admin statement consultation financial

statementsTrustee Meeting Tax Total

Dormant Trust R3 000,00 R1 500,00 N/A R1 500,00 R1 500,00 R7 500,00

Trust – Rental Property R3 000,00 R1 500,00 R3 000,00 R1 500,00 R1 500,00 R10 500,00

Trust – Private/Public shares

R4 500,00 R1 500,00 R4 500,00 R1 500,00 R3 000,00 R15 000,00

Trust – Investment Portfolio

R4 500,00 R1 500,00 R4 500,00 R1 500,00 R3 000,00 R15 000,00

All rates are quoted inclusive of VAT. This schedule is effective from 1 March 2014.

Trust administration service only – fixed fee • The Fixed Fee – Administration Service will offer clients the flexibility to select an appropriate mix of Trust Administrative Services from a

schedule of service offerings. • The fixed fee is based on the Trust Asset Composition and service offering selected and is billed (as per the table above).

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drafting of Trust deedsA Trust is formed by a Trust Deed between the estate owner and a Trustee. This is when the estate owner agrees to deliver certain assets to the Trustee to hold and to administer in terms of the mandate given to them in the Trust Deed, for the benefit of the beneficiaries of the Trust.

Our Trust Deed will set out in some detail what powers the Trustees have in respect of the assets under their control. The Trust Deed, among others, gives the Trustees the following powers:• to accept donations and gifts;

• to borrow money for the purposes of the Trust;

• to lend money on terms the Trustees deem fit;

• to buy and sell movable or immovable property; and

• to let and hire property.

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The differenT Types of TrusTs

*will Trust is established on death of the estate owner/founder.

The differenT Types of TrusTs

do you have assets/an estate which you wish to preserve?

Do you have a surviving spouse or children under the age of 18?

Do you wish to grow your assets into a separate legal entity?

yes no

Do you require assistance in making

regular third-party payments?

Do you wish to have an Independent Trustee handle your assets?

Managing Assets on your behalf

Will Trust*

Please consult your financial adviser or broker for an

alternative solution.

yes yes

yes yes

no no

no no

Living Trust

Does your Will make provision for the creation of a Trust on you passing

away?

yes no

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10 Liberty WiLLs and trusts Managing asseTs on your behalf

Managing asseTs on your behalf

The day-to-day management of your financial affairs can be difficult and time consuming. Through Liberty Wills and Trusts, we can offer you a service that manages your assets on your behalf.This is for any person who requires assistance with the management of their assets, liabilities, income and expenditure for their day to day financial affairs and investment needs. The types of people that could use this service are professional sportsmen, expats working overseas and the elderly who are unable to manage their own affairs.

What else can we manage on your behalf?

• Managing your assets on your direction or on our specialist recommendation;• Meeting your cash flow needs by providing you with an income from your portfolio;• Paying your bills, such as monthly levies, accounts and wages;• Monthly updates of all receipts, payments and portfolio valuation;• Preparation and submission of your income tax returns to SARS (conditions may apply);• Care taking of your assets whilst you are away or unable to attend to them;• Single point of contact to look after asset types;• Asset valuations;• Collection of income, rentals and dividends; and• Facilitation of transactions you wish to enter into.

how much will it cost me?

value of assets asset management costManagement Fee Up to R5 million 1.1% on gross assets

R5 million to R10 million 0.9% on gross assets

R10 million to R20 million 0.7% on gross assets

Exceeds R20 million 0.5% on gross assets

*Acceptance fee*Termination fee

(Annual administration fee subject to a minimum charge of R500,00 per month, that is R6 000.00 per year)

R2 500.00R2 500.00

*Once off fees.

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11Liberty WiLLs and trustsglossary

glossary

ad valoremThis is a tax that is based on the value of real estate or personal property. It is typically imposed at the time of a transaction, as in the case of a sales tax or value-added tax (VAT).

beneficiary The name for someone nominated in a Will or Trust to inherit possessions, capital or income.

collation Descendants who are heirs in an estate, either via intestacy or via a Will have an obligation imposed by law to account to the estate for certain gifts received by them from their ancestor, or debts incurred by him, during his lifetime.

The estate All the assets and liabilities that a person leaves behind when they die forms part of their “deceased estate”. When a person dies leaving a valid Will, the estate is referred to as a testate estate. Where there is no valid Will, the estate is described as intestate.

The executor This is the person who administers and winds up the deceased estate and who is formally appointed by the Master of the High Court to do so. There are two types of executors:1. Executor Testamentary: Nominated by the deceased in their valid

Will and appointed by the Master of the High Court.2. Executor Dative: Appointed by the Master, based usually on

nominations received from the interested parties. Such an appointment can arise because the deceased:

a) left no Will;b) the executor chosen in terms of the Will has refused to take up the appointment, or is unable for one reason or another to act;orc) the Will does not contain a chosen executor.

guardian’s fund A fund managed by the Master of the High Court where money is deposited which is payable in terms of Liquidation and Distribution Accounts to minor beneficiaries (where a formal trust has not been created and the guardian has not been relieved from providing protection), to persons unknown or to persons who cannot be traced.

The heir This is usually the person who inherits from an estate.

letters of authorityA formal document issued by the Master of the High Court indicating the names of the Trustees of a Trust. The Trustees will be able to commence their duties to administer the assets in the Trust once this document has been created.

letters of executorship A formal document issued by the Master of the High Court indicating the name of the executor. The executor will be able to take possession of the deceased’s assets and commence with his/her duties once this document has been created.

Massing Any two or more individuals may consolidate their estates (or portions thereof) with a view to dispose of their assets in terms of a joint will. This is known as Massing.

The Master of the high courtA civil servant appointed by the Minister of Justice. The Master takes on a supervisory function over all deceased estate and Trust administration in South Africa.

residue The term residue in relation to a deceased estate has acquired a special meaning. It refers to the balance of the estate that remains after payment of debts, estate duty and administration expenses and effect has been given to the legacies and special bequests.

TrusteeA person (or institution) chosen in a Will to take over assets from the executor and manage them in terms of the instructions stated in the Will. A Trustee is also someone appointed in terms of a Living Trust to administer the assets in the Trust for the benefit of the beneficiaries of that Trust.

TrustA Trust is an entity which one can transfer their assets on passing away (Will Trust) or whilst they are alive (Living Trust) and determine how those assets are used and distributed.

willA Will is a legal document that leaves instructions about what you want done with your personal possessions and property (your estate) if you were to pass away.

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For more information please contact your Liberty financial adviser or broker or email [email protected]

LibertyLiberty Group LimitedRegistration number 57/02788/081 Ameshoff Street, BraamfonteinPO Box 10499, Johannesburg 2000

The information contained in this document does not constitute advice by Liberty. Any legal, technical or product information contained in this document is subject to change from time to time. This document is a summary of features of the services and products. Any recommendations made must take into consideration your specific needs and unique circumstances. Terms and Conditions apply Liberty Group Limited has appointed Standard Trust Limited to provide the fiduciary services described above.Standard Trust Limited is a member of the Fiduciary Institute of Southern Africa (FISA) and is subject to the Code of Conduct of FISA. Liberty Group Limited is an authorised financial services provider under FAIS (no 2409).