As trustees can be held personally liable, comprehensive risk cover is key

Loading player...
Trusts in South Africa are often misunderstood and mismanaged as if they were legal entities like companies, leading to joint liability for trustees. Family members commonly act as trustees, unlike in other countries where professional trustees, like attorneys, accountants, and financial advisers, predominantly manage trusts.As such independent trustees, who are usually professionals, guide these family trustees who often lack expertise. Independent trustees not only need to declare their qualifications to the Master of the High Court, but also require professional indemnity (PI) insurance to protect against possible liabilities from their trustee duties.However, independent trustees’ PI insurance might not cover trustee services, so it’s crucial that they review their policies to ensure they have the right coverage. PI insurance typically includes defence costs and compensation for negligence, but trustees should avoid double insurance to prevent claim repudiation.It also remains imperative that the layman trustees obtain third-party advice and ensure these advisers are reputable and insured. I invited trust expert Phia van der Spuy into the studio, to detail the most important factors which both professional and amateur trustees need to consider when using this vehicle for financial- and estate planning purposes.Van der Spuy (pictured below) is a chartered cccountant with a Master’s degree in local and international tax, a registered fiduciary practitioner, chartered tax adviser, a trust and estate practitioner and the founder of Trusteeze – a company that digitised trust administration and accounting. She also holds a B.Com Honours degree in Industrial Psychology.
12 Jul 2024 English South Africa Investing

Other recent episodes

Why top DFMs would rather miss rallies than lose clients

In this episode of Money, Markets, and Masterminds, Analytics Multi-Manager CIO Daniel Schoeman argues that the real test of a fund manager comes during periods of stress and underperformance, when philosophy, process and decision-making discipline are exposed. He explains why diversified portfolios are intentionally designed to avoid extreme drawdowns, even…
29 Jan 18 min

Inside the regulator’s AI rulebook: FSCA lifts the lid on finance’s next frontier

This episode of Money, Markets, and Masterminds marks the launch of an exclusive monthly Citywire South Africa series with the financial regulator, offering a behind-the-scenes look at how regulation is evolving as technology reshapes the industry. Editor Ruan Jooste is joined by Nolwazi Hlophe, senior fintech specialist at the Financial…
27 Jan 19 min

Morningstar warns: Preparation, not prediction, will shape 2026

What does it really take to navigate 2026 without falling into the prediction traps that derail so many investors? In this final Mind Over Markets with Morningstar episode on Money, Markets, and Masterminds, Citywire South Africa sits down with Dan Kemp, Chief Research and Investment Officer at Morningstar to unpack…
1 Dec 2025 23 min

The new power map investors cannot ignore

In this episode of Money, Markets and Masterminds, we sit down with Adrian Saville, Gibs professor and investment strategist, for the latest instalment of our underlying Long Game series. He argues that we have entered an age of fracture, where political upheaval, shifting economic gravity, military realignment and rising cultural…
21 Nov 2025 21 min

Boxing clever in a resilient global economy

In this episode of Money, Markets, and Masterminds, Citadel chief economist Maarten Ackerman joins editor Ruan Jooste to unpack what has been a volatile yet unexpectedly resilient year for global markets. From the US dodging recession fears and Europe’s fiscal rearmament to China’s structural slowdown and South Africa’s quiet progress…
6 Nov 2025 21 min