Trust Registration Service
Register an Inter Vivos Family Trust in Pretoria
Bespoke trust deed, Master's Office lodgement, beneficial-ownership register and follow-through to Letters of Authority — R12,500 fixed fee for that defined scope, with no VAT added. Independent trustee and SARS registration are separate.
Written by
Martin Kotze
Attorney, Conveyancer & Notary Public
Last reviewed:
Fixed Fee. Defined Scope.
No VAT is added — the firm is not a VAT vendor. The fee covers the registration scope listed below; the exclusions are listed directly beneath it.
Not included
Not required by the Act, but the Master's Office applies the Parker guidance in practice for family trusts whose trustees are all related beneficiaries, and we recommend one in every case. Appointing and paying that person is separate. We'll explain what to look for during your consultation.
Registering your trust with SARS is a separate process. We can advise you on this during your consultation.
Annual accounts, the ITR12T and IT3(t) returns, register updates, and the tax and conveyancing work of moving assets into the trust are separate engagements, quoted on request.
How It Works
Submit Your Inquiry
Complete the form below with your details. We'll respond within 24 hours to schedule your consultation.
Online Consultation
We discuss your trust objectives, advise on the appropriate structure, and confirm the way forward.
Trust Deed & Registration
We draft a bespoke trust deed tailored to your requirements and lodge it, with the Master's forms and supporting documents, at the Pretoria Master's Office — online through the Master's trust registration system (available for Master Pretoria since 1 April 2025) or by hand, as the file requires.
Letters of Authority
We follow up until the Letters of Authority issue — typically four to eight weeks from lodgement, an estimate that depends on the Master's office and workload, not a promise. The Master's processing time is outside our control and varies with any query raised; we give you an estimate when we lodge and update you on progress. Since 18 March 2025 the Letters are system-generated with a QR code and emailed, rather than hand-signed. The beneficial-ownership register is then lodged electronically on the Master's online system.
Who This Service Is For
This service is designed for Pretoria-based individuals and families who want to set up an inter vivos family trust with the guidance of an experienced attorney. Common reasons our clients register a trust include:
Asset Protection
Protect family assets from personal creditor claims and business risk.
Estate Planning
Reduce estate duty exposure and ensure continuity of wealth across generations.
Property Holding
Hold immovable property in a trust structure for long-term family benefit.
Frequently Asked Questions
What is an inter vivos family trust?
An inter vivos family trust is a legal arrangement created during the founder's lifetime in which assets are transferred to trustees who hold and manage them for the benefit of family members (beneficiaries). It is governed by the Trust Property Control Act 57 of 1988 and must be registered with the Master of the High Court, who issues Letters of Authority to the appointed trustees.
What documents do I need to register a trust?
To register an inter vivos family trust with the Master of the High Court in Pretoria, you will need: certified copies of the ID documents of all founders, trustees, and beneficiaries (birth certificates or passports for beneficiaries without an ID); proof of residential address for each trustee; the original signed trust deed or a notarially certified copy; proof of payment of the Master's R250 fee; the Master's prescribed forms — the J401 application, a J417 acceptance of trusteeship signed by each trustee, a J405 acceptance of the trust's auditor (accountant), and the J450 beneficiary declaration; and a J344 bond of security if the Master requires one, or proof of exemption. Our R12,500 service includes the drafting of the trust deed and all Master's Office filing requirements.
How long does trust registration take in Pretoria?
Registration typically takes four to eight weeks from lodgement — an estimate that depends on the Master's office and workload, not a promise. We give you our own estimate after receiving your instructions and reviewing the required documents, and we keep two periods separate. Our preparation time — consultation, drafting and signature — depends on how quickly the documents come in. The period after lodgement is set by the Pretoria Master's Office: it is outside our control, it varies with the office's workload and with any query raised, and we update you as soon as we hear from the Master.
Do I need an independent trustee?
The Trust Property Control Act does not require one. The Supreme Court of Appeal in Parker urged the Master to insist on an independent outsider as trustee wherever all the trustees are beneficiaries related to one another, and the Master's Office applies that in practice — so for most family trusts you should expect to appoint one, and we recommend it in every case. An independent trustee is someone who is not the founder, a beneficiary or a relative, has no personal interest in the trust property and actually exercises independent judgment. Our R12,500 registration service does not include the appointment of an independent trustee; we will advise you on what to look for during your consultation.
What happens after I receive Letters of Authority?
Once the Master of the High Court issues Letters of Authority, the trustees are legally authorised to act on behalf of the trust. We lodge the section 11A beneficial-ownership register with the Master as part of the registration — electronically, on the Master's online system, which is the only way the Master accepts it. The steps that follow — and that fall outside the fixed fee — are the trustees' responsibility: opening a trust bank account in the trustees' names (and telling the bank they act as trustees), registering the trust with SARS, transferring assets into the trust (with the tax consequences of each transfer checked first), and then the ongoing administration — trustee meetings and minutes, annual accounts, the ITR12T and IT3(t) returns, and keeping the beneficial-ownership register current. We can quote separately for any of these.
Does the R12,500 include SARS registration?
No. The R12,500 fixed fee covers the consultation, trust deed drafting, the Master's Office filing fees, lodgement at the Pretoria Master's Office and follow-through to Letters of Authority, and the beneficial-ownership register. It also accounts for the R100 founding donation: the nominal amount the founder donates under the deed to bring the trust into existence, which is a term of the deed rather than a statutory minimum. No VAT is added, because the firm is not a VAT vendor. SARS registration is a separate process that takes place after the trust has been registered and Letters of Authority have been issued. We can advise you on the SARS registration requirements during your consultation.
Can I register a trust without an attorney?
While the law does not strictly require an attorney, it is strongly advisable to use one. The trust deed is a complex legal document that determines the trust's powers, the trustees' authority, beneficiary rights, and distribution mechanisms. A poorly drafted trust deed can result in the Master refusing registration, trustees exceeding their authority, unintended tax consequences, and disputes between beneficiaries.
What is the Master of the High Court's role in trust registration?
The Master of the High Court is responsible for the registration and oversight of trusts in South Africa under the Trust Property Control Act 57 of 1988. The Master examines the trust deed, verifies the parties, checks that the trust has a lawful purpose, and issues Letters of Authority to the appointed trustees. Without Letters of Authority, trustees cannot legally act — any transactions entered into without them may be void.
Request Trust Registration
Complete the form below and we will respond within 24 hours to schedule your consultation.
Prefer to email directly? martin@mjkinc.co.za
Have questions first? Read the complete trusts guide
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Why you can trust this: Martin Kotze has been an admitted Attorney of the High Court of South Africa, registered Conveyancer, and Notary Public since 2014, practising from Pretoria. The firm is regulated by the Legal Practice Council under firm registration 17444.
This guide is general information, not legal advice for your specific matter.