TRUSTS

Your trust registered, and the register filed

The Master charges R250 to register a trust. Getting to that point is a file of forms, certified copies and a fee reference that has to be exactly right, lodged at the one office that has jurisdiction. Then comes the part most people miss: since April 2023 every trust must also lodge a beneficial ownership register, and the penalty for skipping it runs to R10 million. We do both.

R1 490our fee · the Master’s R250 paid to the Master on top · deed drafting not included · prepared within 3 working days

R250the Master’s fee under section 4(1), per Circular 90 of 2017

Section 6(1)no trustee may act until the Master issues letters of authority

R10 millionmaximum penalty for failing the beneficial ownership duty, which we file for you

What actually goes wrong

The file goes to the wrong Master’s office.Jurisdiction follows where the greatest portion of the trust assets sits, not where the founder lives.
The J405 is missing.An auditor or accountant has to accept the appointment in writing before the trust can be registered, and founders routinely leave it out.
Certified copies that have aged.Master’s offices generally want certification within the last three months, for every trustee and every beneficiary.
The fee reference is wrong.The payment has to carry the Master’s office reference or it cannot be matched, and the file waits.
Trustees start acting early.A bank account opened or a property bought before the letters issue is not the trust’s problem, it is the signer’s.
The beneficial ownership register is never filed.Registration is not the end of the job. This is the duty with the R10 million ceiling.

What you get for R1 490

The right office identifiedJurisdiction worked out from where the trust assets are, so the file is not sent back.
Every form completedJ401 to register the trust, a J417 acceptance of trusteeship for each trustee, the J405 acceptance by the auditor or accountant, and the J450 beneficiary declaration.
The security question answeredWhether your deed exempts the trustees from furnishing security, or whether a bond on J344 is needed, before the Master raises it.
The fee referenceThe Department of Justice banking details and the exact reference format for your Master’s office.
Lodged and followedFiled on the Master’s online trust system where your office is live, or delivered, and chased until the letters of authority are issued.
The beneficial ownership register filedFounder, trustees and named beneficiaries recorded with the details the regulations require, and lodged electronically with the Master.
The next steps in writingThe trust bank account, the SARS registration for the trust, and the duty to keep the register current when trustees or beneficiaries change.

How it works

1Order and send us the signed deedPlus the trustees, the beneficiaries and where the trust assets will be.
2We prepare the fileWithin three working days, with the certification list and the fee reference.
3You sign and pay the R250, we lodgeAnd follow it to the letters of authority, then file the beneficial ownership register.

Not sure this is the right one for you? Ask us first and you get a written answer within one business day.

What we will need from you

The signed trust deed, original or notarially certified copy
Identity documents of the founder, every trustee and every beneficiary, for certification
The auditor or accountant who will keep the trust’s books, with their details
Where the trust assets will be situated, so we lodge at the right office
Contact details for each trustee, including tax numbers, for the beneficial ownership register

Frequently asked questions

Do you draft the trust deed?

No, and you should be careful of anyone who bundles a deed in at a low price. The deed decides who controls the assets, who benefits, how trustees are replaced and whether they must give security, and it is very hard to change after registration. We work with the deed your attorney drafts, or refer you to someone who does trust deeds properly, and we handle everything from there to the letters of authority.

What does the Master charge?

R250 to lodge the trust instrument, set by Chief Master’s Circular 90 of 2017 under section 4(1) of the Trust Property Control Act, paid into the Department of Justice account before lodging. Amendments to a registered trust are free. Our R1 490 is separate.

Can the trustees act before the letters are issued?

No. Section 6(1) of the Trust Property Control Act says a trustee acts only once authorised in writing by the Master. A bank account opened, a property bought or a contract signed for the trust before the letters of authority issue has no legal effect for the trust, and the person who signed carries it personally.

What is the beneficial ownership register?

Since 1 April 2023, section 11A of the Trust Property Control Act requires the trustees of every trust to record the trust’s beneficial owners, which includes the founder, every trustee and every named beneficiary, and to lodge the register electronically with the Master and keep it current. Failure is an offence carrying a fine of up to R10 million, five years’ imprisonment, or both. We file it as part of this service.

How long does the Master take?

The Master publishes no service standard for trusts, and it varies by office. Practitioners report anything from a few weeks to a few months. Since March 2025 the Master issues letters of authority with a QR code by email, which has shortened the wait at the offices that are live on the online system.

Does the trust need to register with SARS?

Yes. Every trust must register for income tax, whether it is active or dormant, and file an annual ITR12T return. We include the SARS registration document list, and can do the registration itself as a separate job.

Trust registration explained→ Company beneficial ownership R490→ Deceased estate reporting pack R1 490→ Write a simple will, free→

We prepare and lodge the registration documents under your written authority. The Master of the High Court decides whether to register the trust and issues the letters of authority, and the Master’s R250 fee is separate. We do not draft trust deeds and do not give advice on whether a trust suits your circumstances. Sources: the Trust Property Control Act 57 of 1988, sections 4, 6, 10, 11 and 11A and the section 19 penalties as amended in 2022; the Master’s trust requirements and forms on justice.gov.za; Chief Master’s Circular 90 of 2017 and Directive 2 of 2025. Information, not legal advice.