Our team of experts understand that estate planning is personal and bespoke - every family is different, evolves differently and has different needs in respect of its security, prosperity and succession. And this continues to change as families change. We understand this and ensure that our estate planning philosophy aligns with what our clients needs not just today, but throughout their lifetime.
Our team brings extensive experience to the table to assist clients with multi-generational estate planning and structuring as well as the correct implementation and maintenance of estate plans and accompanying structuring. The multi-generational nature of our approach provides clients comfort in knowing that the provision they make for their families will continue after their death in accordance with their wishes.
Our team also looks at local as well as international estate planning for clients that wish to include international estates in their familial planning. Ultimately, a bespoke plan that is holistic and efficient is developed for each client and can include both local and offshore assets. Where necessary our team works closely with the wealth managers of clients to ensure that the estate planning is also integrated into the broader wealth plan of the client.
Our estate planning approach also seamlessly integrates with our Trust Office in respect of independent trusteeship support, our tax and commercial team in respect of any required corporate structuring, and our fiduciary tax and accounting team in respect of all aspects of SARS reporting and estate accounting. A truly single point of entry to address all aspects of your estate planning and administration.
Francois is a director at PH Consult who specialises in the estate planning of affluent individuals and families with specific focus on the international aspects pertaining to such planning. He has valuable experience in the formation and management of international corporate structures, offers expertise in offshore structuring and international estate planning, and advises clients on the tax and related considerations pertaining to cross border transactions.
Dr Damian Viviers is a Director in the Commercial Practice Group. He heads up the firm’s presence in the Western Cape and is dedicated to providing quality commercial, corporate and compliance related legal services for clients, across South Africa and abroad. His keen commercial mind and relentless pursuit for excellence form the cornerstones of his client service.
Danie is a Director in the Commercial Practice Group of PH Attorneys. He specialises in providing a broad range of corporate and commercial services to private and institutional clients, including foreign and domestic corporate structuring and taxation, commercial contracting and Black Economic Empowerment. He is also intimately involved with new project development by the firm.
Johnny is a Director in the Commercial Practice Group at the firm's Sandton branch, where he focuses on providing corporate, commercial, business, taxation and estate planning related services to clients. He is also experienced in legal matters pertaining to trusts, wills and the administration of estates.
Candice is a Director in the Commercial Practice Group, specialising in corporate restructuring and taxation, and general commercial transactions. Her passion is to understand a client’s business and create a tailormade solution for their corporate structure, ensuring that the business runs optimally.
Andre is an Associate in the Commercial Practice Group. Andre assists clients with commercial transactions and structuring, commercial contracting, estate planning, fiduciary matters, registration of trusts, and data protection related services.
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Administration of deceased estates, include advice and guidance, holding of executorships, preparation of all documentation for submission to the Master of the High Court, preparation of agr...
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Advice and support regarding effective corporate structuring, entity formation and restructuring, taxation related aspects, reorganising business assets, mergers and acquisitions, takeovers,...
The holding of independent corporate trusteeships on inter vivos and testamentary trusts for the local trusts of South African clients as well as broad-based and employee ownership schemes v...
Advice and planning in respect of personal and family estates, integrated estate structuring, fiduciary services, entity formation and registrations, taxation, opinions, trusteeships, drafti...
Comprehensive accounting and taxation compliance support services in respect of local and offshore investment trusts and companies by Phatshoane Henney Fiduciary Services, including data cap...
For the client requiring estate planning that includes international estate assets, advice and planning in respect of personal and familial estates that integrates international estate plann...
Advice and opinions on taxation in respect of estate planning, commercial and equity transactions, business structuring and restructuring, property developments, mergers and acquisitions.
Advice and guidance in respect of the drafting and execution of a will, planning and formation of a family / business / testamentary trust, taxation, compliance and fiduciary aspects, regist...
Administration of deceased estates, include advice and guidance, holding of executorships, preparation of all documentation for submission to the Master of the High Court, preparation of agreements, management of estate assets and liabilities, and all related aspects to ensure a successful administration of a deceased estate. Our Administration of deceased estates includes South African estates and international deceased estates.
Advice and support regarding effective corporate structuring, entity formation and restructuring, taxation related aspects, reorganising business assets, mergers and acquisitions, takeovers, joint ventures, private equity, corporate unbundling, share structuring, securities, financing, due diligences, commercialisation and all related agreements and documentation.
The holding of independent corporate trusteeships on inter vivos and testamentary trusts for the local trusts of South African clients as well as broad-based and employee ownership schemes via representatives of Phatshoane Henney Fiduciary Services, including all related fiduciary and administrative aspects relating to trust management and execution of the role of independent corporate trustee.
Advice and planning in respect of personal and family estates, integrated estate structuring, fiduciary services, entity formation and registrations, taxation, opinions, trusteeships, drafting of documentation and agreements, and other related estate planning aspects. Estate planning can include on-shore and off-shore planning and integration and management of such estates.
Comprehensive accounting and taxation compliance support services in respect of local and offshore investment trusts and companies by Phatshoane Henney Fiduciary Services, including data capturing, financial statement compilation, financial statement independent reviews, tax calculations, tax submissions to the South African Revenue Services and the Companies and Intellectual Property Commission as well as personal tax calculations and tax submissions for individuals and local beneficiaries or shareholders of offshore trusts and companies.
For the client requiring estate planning that includes international estate assets, advice and planning in respect of personal and familial estates that integrates international estate planning into a holistic and efficient estate plan that includes both local and offshore estates. Our team also provides all the necessary support to structure, implement and execute the estate planning strategy and objectives and work closely with professional and corporate trustees of local and offshore estates in the execution of the holistic estate plan. Our advisory team is accessible and focused on building a long-term relationship of trust with clients to ensure continuous assessment of the estate plan and incorporate advice and strategy in jurisdictions relevant to the client and his/her family. Additionally, fiduciary services, entity formation and registrations, taxation, opinions, trusteeships, drafting of documentation and agreements, and other related estate planning aspects also form part of our international estate planning services.
Advice and guidance in respect of the drafting and execution of a will, planning and formation of a family / business / testamentary trust, taxation, compliance and fiduciary aspects, registration of trusts and safe storage of wills.
In this article, we provide an important update to trustees and company directors on the latest developments in respect of the newly introduced beneficial ownership reporting for trusts and companies as introduced by the General Laws (Anti-Money Laundering and Combating Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which came into full effect on 1 April 2023 and affects all trusts and companies in South Africa.
When assisting clients with estate planning and discussing the tax considerations applicable to their estate upon their death, an often misunderstood and unplanned for consequence following a death is capital gains tax (“CGT”). In this article, we take a closer look at some of the considerations that come into play with respect to CGT and how regular review of your estate plan is important to ensure that the latest tax considerations have been incorporated into your estate plan.
A question often asked by the heirs of a deceased when faced with the prospect of estate duty, is what exclusions are allowed in terms of the Estate Duty Act 45 of 1955. In this article, we highlight some of the main exclusions from estate duty.
The prospect of uprooting your family and emigrating to another country probably ranks as one of the most difficult and stressful decisions any person will face during their lifetime. There are also so many aspects to consider, that sometimes you don’t consider some of the obvious aspects like how to deal with South African assets that you may still retain following emigration. In this article, we discuss a few of the important aspects you should consider.
As South Africa seeks to embrace renewable energy and reduce its carbon footprint, solar power has emerged as a promising and environmentally conscious solution. Beyond the environmental benefits, installing solar panels on residential and commercial properties can also provide financial advantages. In addition to long-term savings on electricity bills, there are several tax benefits available to individuals and businesses who opt for solar energy. In this article we explore the various t...
Everyone is familiar with the term ‘majority rules’ and generally when applied it means that the decision of the majority sticks and is valid. The question that arose in the recent case of Shepstone & Wylie Attorneys v Abraham Johannes de Witt N.O. and Others [2023] ZASCA 74 was whether the majority decision by the trustees of a trust needed a resolution signed by all the trustees to be valid. In this article we take a look at the decision and what it potentially means for the la...
Converting or exchanging debt that is owed by a company into shares in that same company has long been used as a debt restructuring tool. There are, however, very fine lines that surround this solution and it needs to be structured correctly to ensure that no unintended tax consequences arise. In this article, we briefly highlight a few considerations in relation to such restructuring.
The family of a deceased are often confronted with the harsh reality of having to wind up a deceased’s estate after his or her passing. Usually, there is the expectation that this should go quickly, but unfortunately, the reality is that the process is hardly ever a quick one. So how long then does it take to wind up a deceased estate?
Surprisingly, many companies remain blissfully unaware of the new company reporting requirements introduced by the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”). The Amendment Act introduces changes to the company environment (effective 1 April 2023) which will have an administrative impact on South African companies. In this article we delve into the ‘what’ and ‘when’ of these new repo...
With the passing of the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) late in December 2022, a number of critical amendments were introduced to the Trust Property Control Act 57 of 1988 (“Trust Act”), including amongst others the responsibility by trustees to record details about the Accountable Institutions they engage with in their capacity as trustee. In this article, we look a little deeper at this r...
In a previous article we unpacked the introduction and meaning of the new ‘beneficial owner’ definition introduced into the law of trusts by the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”). With these changes being effective as of 1 April 2023, trustees should be awake to the proposed process for recording and submitting your trust’s beneficial ownership information to the Master of the High Cour...
With the new General Laws (Anti-money Laundering and Combatting of Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) having come into operation on 1 April 2023, a new definition of ‘beneficial ownership’ has been formally introduced in a number of key laws affecting all trusts and companies. In this article we delve a bit deeper into this new concept.
With major amendments to South Africa’s anti-money laundering framework scheduled to take effect from 1 April 2023 as part of Government’s strategy to remedy South Africa’s grey listing status, all trustees should take careful note of the new disclosure requirements that will apply to them.
In the highs of getting married or the lows of divorce, parties generally forget to think about their estate planning. This is understandable as no one wants to entertain thoughts of death and division of assets during those times! Unfortunately, such an oversight can create a mess in the event of your untimely death. The golden rule is to always, when there are material changes in your life like marriage, children, divorce and even death, revisit your estate planning and bring it up to date wit...
In this article we take a look at amendments to the Companies Act 71 of 2008 which introduces new disclosure requirements. These amendments have been introduced by the recently passed General Laws (Anti-Money Laundering and Combatting of Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) with the new disclosure requirements applying as of 1 April 2023.
With the increase in the number of divorces and decline in marriages in South Africa, what legal protection is available to ex-spouses, separated partners or domestic life partners?
The General Laws (Anti-Money Laundering and Combatting of Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) was signed into law late in December 2022 and contains a number of critical measures South Africa hopes to put to use in the fight against money laundering and terrorist financing. In this article we take a look specifically at amendments to the Companies Act 71 of 2008 and the new reporting requirements applicable to companies.
The announcement on Friday that South Africa has been grey listed has come as a shock to many South Africans blissfully unaware of this sword hanging over our heads. For those in the know, grey listing has been unavoidable given the damning reports levelled against weaknesses in our money laundering and financial control framework. But besides hurting our economy the grey listing has also forced government to introduce stricter control measures to correct the shortcomings and hopefully hav...
Trusts have for some time now been the target of criticism for their alleged use and abuse in the money laundering environment. The latest challenge to the trust comes in the form of a major amendment to South Africa’s anti-money laundering framework by the General Laws (Anti-Money Laundering and Combatting Terrorism Financing) Amendment Act 22 of 2022 (“Amendment Act”) which holds serious implications for trusts and trustees. In this article we will focus specifically o...
Major amendments to South Africa’s anti-money laundering framework have almost unnoticed introduced serious changes to the trust and company law environment, including the addition of hefty fines and jailtime for trustees! So, although these changes have been aimed at the fight against money laundering and terrorism, the real impact of the amendments will be far wider.