There are several steps in the creation of a qualified personal agent of residence. Property of any kind may be held in a trust. The use of trusts is multiple, both for personal and commercial reasons, and trusts can offer benefits in terms of estate planning, asset protection and taxes. Living trusts can be created in a will during a person`s life (through the development of a fiduciary instrument) or after death. When setting up a trust, it is important to seek the support of a trust or estate lawyer, possibly a custodian who owns the assets and possibly an investment advisor, in order to manage your trust until it is time to withdraw. In the United States, tax legislation allows trusts to be taxed as entities, as entities, as entities, as corporations, partnerships, or even not to tax them, although trusts can be used to evade tax in certain situations. :478 For example, the preferred guarantee is a hybrid guarantee (debt and equity) with favourable tax treatment, which is considered regulatory capital on banks` balance sheets. The Dodd-Frank Wall Street Reform and Consumer Protection Act changed this situation by not allowing these assets to be part of the regulatory capital (of the big) banks. :23 Until recently, there were tax advantages for living trusts in South Africa, although most of these benefits have been eliminated. Protecting assets from creditors is a modern advantage. With notable exceptions, the trust`s assets are not held by the directors or beneficiaries, the creditors of the trustees or beneficiaries may not be entitled to the trust. Under the Insolvency Act (Law 24 of 1936), assets transferred to a living trust remain threatened by external creditors for 6 months if the debtor owner is solvent at the time of the transfer, or 24 months if they are insolvent at the time of transfer. After 24 months, creditors are not entitled to assets in the trust, although they may attempt to add the credit account, forcing the trust to sell its assets.
Assets can be transferred to the living trust by selling them to the Trust (through a loan to the Trust) or by giving money (each individual can give R1000 R1000 per year without collecting tax on donations; 20% of the tax on donations apply to additional donations in the same tax year). In general, a private Express Trust requires three elements called „three certainties.“ These elements were defined in Knight v Knight as intent, object and objects.  The certainty of intent allows the court to determine the true reason for the creation of the trust. The certainties of objects and objects allow the court to manage trust if administrators do not.  The Tribunal determines whether there is sufficient safeguard in developing the words used in the fiduciary instrument. These words are interpreted objectively in their „reasonable sense“ in the context of the whole instrument.  Although the intention to express confidence, the court will try not to let trusts fail for lack of security.  A qualified Personal Residence Trust (QPRT) is a certain type of irrevocable trust that allows its creator to remove a personal home from his estate in order to reduce the amount of tax on donations in the event of transfer of assets to a beneficiary.