This presentation focusses on common transactions involving real property and trusts. A case study approach is adopted and concentrates on discretionary trusts and unit trusts as well as the concessions which frequently apply to trusts. Confusion often arises where related parties seek to contribute to or to access value from a trust. There can also be tensions with income tax issues and effective advice requires attention to all issues. The presentation addresses the following matters specifically:
- capitalising and redeeming interests in unit trusts
- how to introduce and remove beneficiaries
- deed amendments and trust resettlements
- current status of trust cloning and splitting
- practical issues with accessing concessions for distributions from family trusts
- concession for change of trustee
- jurisdictional issues (eg. when is your trust not subject to duty in SA).