13/08/2026
⚖️ IMPORTANT DEVELOPMENT IN SOUTH AFRICAN TRUST LAW
The Department of Justice and Constitutional Development has published the Regulation of Trusts Bill, 2026 for public comment.
If enacted, the Bill will repeal and replace the Trust Property Control Act 57 of 1988 and introduce a substantially expanded regulatory framework for the creation, administration and governance of trusts in South Africa.
Among the important proposals are:
🔹 Mandatory annual returns to the Master
🔹 Expanded requirements for annual financial statements
🔹 Strengthened beneficial ownership reporting, including a proposed 10-day period for reporting changes
🔹 A statutory framework for the appointment of independent trustees
🔹 More detailed duties governing the investment of trust assets
🔹 Expanded record-keeping and governance requirements for trustees
🔹 Formal compliance notices and administrative fines
🔹 Expanded powers of oversight and investigation by the Master
🔹 New statutory requirements dealing with trustee resignation, trust amendments and termination
🔹 Continued emphasis on anti-money laundering and terrorist-financing risk within the trust sector
The Bill represents potentially one of the most significant reforms of South African trust law since the introduction of the Trust Property Control Act in 1988.
Importantly, this is currently a draft Bill published for public comment — it is not yet law.
Interested parties have until 11 September 2026 to submit comments to the Department.
At DCA Group, we are reviewing the Bill and its potential implications for trustees, beneficiaries, trust administrators and professional fiduciary practitioners.
We will share further insights on some of the most significant proposed changes over the coming weeks.
Trust governance is moving increasingly towards continuous compliance, transparency and demonstrable fiduciary oversight.
https://www.justice.gov.za/legislation/invitations/20260807-gg55166gon4088-RoT-Bill%202026.pdf
Dirk Coetzee Merwe Moelich
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