Services

Estate Planning & Financial planner support

Symbiotic relationships between Estate and Financial planners are a vital component in offering the client, wealth generation and preservation solutions.

During a person's lifetime, Estate Planning is the process of arranging, for the management and disposal of that person's estate at and after death, with the key objective of making the client aware of the implications of his decisions and what effect it will have on his estate as it pertains to the various forms of tax such as donations, capital gains tax and primarily estate duty.

Estate And Trust Services On Demand

Many clients are reluctant to pass on, their duties and responsibilities of being nominated as the executor in an estate, to a third party, especially when this responsibility was bestowed on them by a loved one.

The Master of the High Court is strict on the qualifications of the nominated executor and is reluctant to appoint unqualified parties as an executor. The Master will consider appointing that person provided he is assisted by a competent person.

Whilst Bexs is of the belief that an executor or his agent should undertake the end to end process, we acknowledge the clients deep founded respect for his appointment and that he wants to honour the undertaking he made during their loved one’s lifetime.

That said, Bexs is willing to render “service on demand” to any client on the signature of a letter of engagement. Please contact us for more details.

Estate Administration

The estate of any deceased person must be administered and distributed in terms of the deceased's will, or failing a valid will, in terms of the Intestate Succession Act, 81 of 1987. The procedure that must be followed, is prescribed by the Administration of Estates Act, 66 of 1965 (as amended).

Trust Administration

The administration of trusts is governed by the provisions of the Trust Property Control Act no 57/1988. There are two types of trust, namely

  • an inter- vivos trust created between living persons;
  • a testamentary trust derives from a valid will of a deceased*

Nominating a skilled trustee, is the single most important step in your decision to form a trust, and to ensure that the Trust is managed according to current legislation and best practices and with the necessary independence that will ensure you are at arm's length from the day to day trust operations. Trustees need to stay abreast with ongoing legislative changes such as Section 7(c) of the Income Tax act, which affects loan accounts to trusts, Capital Gains Tax (CGT), Donations Tax and the deeming provisions in Trusts.

* As extracted from the Department of Justice & Constitutional Development (Master of the High Court) website.

Will Drafting

Any person who has assets (such as fixed property) or dependents, should have a professionally drafted will. A poorly planned and drafted will could lead to litigation or impractical administration problems, such as, a cash shortfall (where assets need to be sold in order to pay debts and administration expenses) when you are no longer alive. Apart from the stress on your family it often comes with unnecessary costs.

Not having a will (dying intestate) can similarly bring hardship to your family, with the unintended beneficiaries inheriting. Second marriages, where there are children from a previous marriage, often cause discord after the death of a client, a professional estate planning advice and expertly drafted will is vital.

Ill-conceived or thought out wills can result in added delays in the administration process and, bringing with it, added administration expenses which will affect the amount your beneficiaries will inherit.

Independent Trusteeship

The arm's length principle (ALP) is the condition or the fact that the parties to a transaction are independent and on an equal footing. Such a transaction is known as an "arm's-length transaction".

Having a professional independent trustee with wide ranging fiduciary experience will ensure independence.

Safe Custody of Wills

Ensuring that your original last will and testament is safely stored and readily available for interested parties when it is needed, is the sensible thing to do. Should the original will be misplaced or lost, the costs of having a certified copy of a will accepted as the original is in the hands of the High Court and is an expensive exercise.

Corporate Services

  • One of our core values is client education and in support of this we refer you to our client education section where we regularly update articles of interest.
  • We will gladly attend corporate functions, staff meetings, partner with your human resources departments to provide presentations and insights in to the Fiduciary Service industry, The aim here is to assist your staff.

Taxation Services

We all know that tax is the subject of much debate, be it by the taxpayer, the fiscus, the planner or the tax consultant. The most talked about aspect of taxation is how we can legally save as much tax as possible …. The adage tax avoidance vs tax evasion come to the fore. As a responsible fiduciary service provider, we are advocates of responsible tax avoidance schemes. That said we acknowledge that expertise lies within the practice of customised fiduciary solutions we are well able to handle the rigours of taxation within the fiduciary business. However, we are very proud of our symbiotic partnership with our financial planning colleagues to provide our clients with the best tax assistance possible, and where more expertise in this field is needed we are honoured to work with Messrs. Johns and Associates professional accountants and tax practitioners.


Customised Fiduciary Solutions

Services

Symbiotic relationships between Estate and Financial planners are a vital component in offering the client, wealth generation and preservation solutions.

During a person's lifetime, Estate Planning is the process of arranging, for the management and disposal of that person's estate at and after death, with the key objective of making the client aware of the implications of his decisions and what effect it will have on his estate as it pertains to the various forms of tax such as donations, capital gains tax and primarily estate duty.

Many clients are reluctant to pass on, their duties and responsibilities of being nominated as the executor in an estate, to a third party, especially when this responsibility was bestowed on them by a loved one.

The Master of the High Court is strict on the qualifications of the nominated executor and is reluctant to appoint unqualified parties as an executor. The Master will consider appointing that person provided he is assisted by a competent person.

Whilst Bexs is of the belief that an executor or his agent should undertake the end to end process, we acknowledge the clients deep founded respect for his appointment and that he wants to honour the undertaking he made during their loved one’s lifetime.

That said, Bexs is willing to render “service on demand” to any client on the signature of a letter of engagement. Please contact us for more details.

The estate of any deceased person must be administered and distributed in terms of the deceased's will, or failing a valid will, in terms of the Intestate Succession Act, 81 of 1987. The procedure that must be followed, is prescribed by the Administration of Estates Act, 66 of 1965 (as amended).

The administration of trusts is governed by the provisions of the Trust Property Control Act no 57/1988. There are two types of trust, namely

  • an inter- vivos trust created between living persons;
  • a testamentary trust derives from a valid will of a deceased*

Nominating a skilled trustee, is the single most important step in your decision to form a trust, and to ensure that the Trust is managed according to current legislation and best practices and with the necessary independence that will ensure you are at arm's length from the day to day trust operations. Trustees need to stay abreast with ongoing legislative changes such as Section 7(c) of the Income Tax act, which affects loan accounts to trusts, Capital Gains Tax (CGT), Donations Tax and the deeming provisions in Trusts.

* As extracted from the Department of Justice & Constitutional Development (Master of the High Court) website.

Any person who has assets (such as fixed property) or dependents, should have a professionally drafted will. A poorly planned and drafted will could lead to litigation or impractical administration problems, such as, a cash shortfall (where assets need to be sold in order to pay debts and administration expenses) when you are no longer alive. Apart from the stress on your family it often comes with unnecessary costs.

Not having a will (dying intestate) can similarly bring hardship to your family, with the unintended beneficiaries inheriting. Second marriages, where there are children from a previous marriage, often cause discord after the death of a client, a professional estate planning advice and expertly drafted will is vital.

Ill-conceived or thought out wills can result in added delays in the administration process and, bringing with it, added administration expenses which will affect the amount your beneficiaries will inherit.

The arm's length principle (ALP) is the condition or the fact that the parties to a transaction are independent and on an equal footing. Such a transaction is known as an "arm's-length transaction".

Having a professional independent trustee with wide ranging fiduciary experience will ensure independence.

Ensuring that your original last will and testament is safely stored and readily available for interested parties when it is needed, is the sensible thing to do. Should the original will be misplaced or lost, the costs of having a certified copy of a will accepted as the original is in the hands of the High Court and is an expensive exercise.

  • One of our core values is client education and in support of this we refer you to our client education section where we regularly update articles of interest.
  • We will gladly attend corporate functions, staff meetings, partner with your human resources departments to provide presentations and insights in to the Fiduciary Service industry, The aim here is to assist your staff.

We all know that tax is the subject of much debate, be it by the taxpayer, the fiscus, the planner or the tax consultant. The most talked about aspect of taxation is how we can legally save as much tax as possible …. The adage tax avoidance vs tax evasion come to the fore. As a responsible fiduciary service provider, we are advocates of responsible tax avoidance schemes. That said we acknowledge that expertise lies within the practice of customised fiduciary solutions we are well able to handle the rigours of taxation within the fiduciary business. However, we are very proud of our symbiotic partnership with our financial planning colleagues to provide our clients with the best tax assistance possible, and where more expertise in this field is needed we are honoured to work with Messrs. Johns and Associates professional accountants and tax practitioners.

Services