SAQA All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.
SOUTH AFRICAN QUALIFICATIONS AUTHORITY 
REGISTERED UNIT STANDARD: 

Establish and manage a testamentary trust 
SAQA US ID UNIT STANDARD TITLE
119135  Establish and manage a testamentary trust 
ORIGINATOR
SGB Banking and Micro Finance 
PRIMARY OR DELEGATED QUALITY ASSURANCE FUNCTIONARY
-  
FIELD SUBFIELD
Field 03 - Business, Commerce and Management Studies Finance, Economics and Accounting 
ABET BAND UNIT STANDARD TYPE PRE-2009 NQF LEVEL NQF LEVEL CREDITS
Undefined  Regular  Level 5  Level TBA: Pre-2009 was L5 
REGISTRATION STATUS REGISTRATION START DATE REGISTRATION END DATE SAQA DECISION NUMBER
Reregistered  2018-07-01  2023-06-30  SAQA 06120/18 
LAST DATE FOR ENROLMENT LAST DATE FOR ACHIEVEMENT
2024-06-30   2027-06-30  

In all of the tables in this document, both the pre-2009 NQF Level and the NQF Level is shown. In the text (purpose statements, qualification rules, etc), any references to NQF Levels are to the pre-2009 levels unless specifically stated otherwise.  

This unit standard does not replace any other unit standard and is not replaced by any other unit standard. 

PURPOSE OF THE UNIT STANDARD 
This unit standard is intended for those persons who attend to the establishment of a Testamentary Trust. A person who is credited with this unit standard will be able to interpret the deceased's will and establish the trust in accordance with the wishes stated therein. 

LEARNING ASSUMED TO BE IN PLACE AND RECOGNITION OF PRIOR LEARNING 
Prior to attempting this unit standard the learner should be competent in the following:

Unit standards:
  • "Describe different types of equity based investments" (12170)
  • "Describe the different types of interest bearing investments and compare these to securities"
  • "Demonstrate knowledge and insight of the FAIS legislation"
  • "Demonstrate knowledge and understanding of the Capital Gains Act"
  • "Interpret a Will in a deceased estate"
    and
  • Communication at NQF Level 4 

  • UNIT STANDARD RANGE 
    N/A 

    Specific Outcomes and Assessment Criteria: 

    SPECIFIC OUTCOME 1 
    In the case of a Testamentary Trust, analyse and interpret the instructions and wishes contained in the deceased's will. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The will is analysed and interpreted to ensure that the trust is established correctly in terms of the deceased's specific instructions. 

    ASSESSMENT CRITERION 2 
    The proposed income and capital beneficiaries of the trust are identified in accordance with the will. 

    ASSESSMENT CRITERION 3 
    The terms and conditions of the trust are determined in accordance with the instructions contained in the will and legal requirements. 

    ASSESSMENT CRITERION 4 
    The proposed date or event on which the trust will terminate is ascertained in accordance with the instructions contained in the will and legal requirements. 

    ASSESSMENT CRITERION 5 
    Any assets to be transferred from the deceased estate to the trust are identified through discussion with the client and the proposed method of transfer of such assets to the trust is determined to meet with legal requirements. 

    SPECIFIC OUTCOME 2 
    Attend to the registration of the Trust. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The trust is registered with the Master of the High Court and documentation is provided in accordance with legal requirements. 

    ASSESSMENT CRITERION 2 
    Once the Letter of Appointment has been received from the Master of the High Court, instructions are given for the trust to be opened and recorded in the books in accordance with company-specific procedures. 

    ASSESSMENT CRITERION 3 
    Any fee and/or charges applicable are recovered from the client in accordance with company-specific procedures and requirements. 

    ASSESSMENT CRITERION 4 
    If a beneficiary of the trust is a non-resident, emigrant or immigrant, then all the necessary documentation required in terms of Exchange Control Regulations are completed and recorded in accordance with legal requirements and company-specific procedures. 

    ASSESSMENT CRITERION 5 
    The income and capital beneficiaries are identified and all the documentation required in terms of FICA is completed in accordance with company-specific procedures. 

    ASSESSMENT CRITERION 6 
    The trust is registered as a taxpayer for income tax/VAT purposes in accordance with legal requirements. 

    ASSESSMENT CRITERION 7 
    The income requirements of the income beneficiaries are established and such needs are in accordance with the intentions and objectives recorded in the will. 

    SPECIFIC OUTCOME 3 
    Set up and manage a Trust. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    A trust account is opened in the name of the trust and the capital cash sum is deposited into the bank account and noted in the trust accounting records in accordance with company-specific procedures. 

    ASSESSMENT CRITERION 2 
    Custody is taken of all assets of the trust and such assets are transferred into the name of the trust in accordance with legal requirements. 

    ASSESSMENT CRITERION 3 
    The investments of the trust are reviewed on a regular basis by the Investment Managers, appointed in accordance with company-specific policy and procedures, to establish whether any changes need to be made. 

    ASSESSMENT CRITERION 4 
    Any changes to the investments recommended by the Investment Managers following the investment review are referred to the Trustees for agreement and authorisation. 

    ASSESSMENT CRITERION 5 
    The sales and purchases of investments, to give effect to the changes recommended, are properly executed. 
    ASSESSMENT CRITERION NOTES 
    The sales and purchases of investments, to give effect to the changes recommended, are properly executed, in that:
  • The instructions are given in accordance with the recommendations made by the Investment Managers.
  • The correct procedures are followed in accordance with company-specific procedures.
  • The net proceeds of investments realised are collected and deposited in the trust banking account.
  • The transfer of the investments is properly affected in accordance with legal requirements. 

  • ASSESSMENT CRITERION 6 
    Adequate insurance cover is maintained over the assets in accordance with legal requirements and company-specific policy. 

    ASSESSMENT CRITERION 7 
    Fees charged are correctly calculated in terms of the applicable tariff and instructions for processing the taking thereof are given in accordance with company-specific procedures and noted in the trust accounting records. 

    ASSESSMENT CRITERION 8 
    The net income is dealt with correctly in accordance with the directions recorded in the will as to the disposal of the income. 

    ASSESSMENT CRITERION 9 
    In respect of income distributed to the income beneficiaries 
    ASSESSMENT CRITERION NOTES 
    In respect of income distributed to the income beneficiaries:
  • The distribution is in accordance with the will.
  • The portion of the net income due to each beneficiary is correctly calculated.
  • The distribution of the income is affected timeously in accordance with arrangements made with the beneficiaries.
  • The distribution is accurately noted in the trust accounting records in accordance with company-specific procedures.
  • The consequences of capital gains tax legislation is considered when making suggestions regarding income distribution. 

  • ASSESSMENT CRITERION 10 
    Accounts reflecting the transactions of the trust are prepared which satisfy legal requirements and are in accordance with company-specific procedures. 

    ASSESSMENT CRITERION 11 
    The trust income tax / VAT return is completed each fiscal year in accordance with the requirements of the South African Revenue Services. 

    ASSESSMENT CRITERION 12 
    The investments of the trust are analysed on a regular basis to establish whether such investments 
    ASSESSMENT CRITERION NOTES 
    The investments of the trust are analysed on a regular basis to establish whether such investments:
  • Are in accordance with the investment powers granted to the Trustees
  • Meet with the terms, aims and objectives of the trust
  • Satisfy, as far as possible, the needs and requirements of the income and capital beneficiaries 

  • SPECIFIC OUTCOME 4 
    Manage the relationships with Trustees and Beneficiaries. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    Details of the Trustees and beneficiaries are recorded in accordance with company-specific procedures as well as the Financial Intelligence Centre Act (FICA) and Financial and Advisory Intermediate Services Bill (FAIS). 

    ASSESSMENT CRITERION 2 
    Meetings of the Trustees are arranged in accordance with the provisions of the will and their requirements. 

    ASSESSMENT CRITERION 3 
    Instructions and directions given by the Trustees are implemented as and when required by them. 

    ASSESSMENT CRITERION 4 
    The remuneration of the Trustees is correctly calculated and paid when due. 

    ASSESSMENT CRITERION 5 
    The conditions and terms of the trust as well as the rights of the beneficiaries thereunder are fully explained to the beneficiaries 

    ASSESSMENT CRITERION 6 
    The income requirements of the income beneficiaries are assessed in the light of the beneficiaries needs and circumstances and arrangements are made and agreed with the beneficiaries facilitating the distribution of the income to them on an agreed periodic basis. 

    ASSESSMENT CRITERION 7 
    Distribution of income to the beneficiaries are correctly calculated and affected on the basis agreed with the beneficiaries. 

    ASSESSMENT CRITERION 8 
    The Trustees and the beneficiaries are provided with copies of the trust accounts on the basis agreed with them and in satisfaction of legal requirements. 

    ASSESSMENT CRITERION 9 
    Disagreements or disputes with the beneficiaries are handled with tact and diplomacy and solutions are negotiated to resolve problems. 

    ASSESSMENT CRITERION 10 
    Regular contact is maintained with both the Trustees and the beneficiaries who are kept fully informed of any important developments or changes relating to the trust. 

    SPECIFIC OUTCOME 5 
    Terminate a Trust. 

    ASSESSMENT CRITERIA
     

    ASSESSMENT CRITERION 1 
    The reason for the termination of the trust is determined and the correct documentation n each instance is obtained in accordance with legal requirements and company-specific procedures. 
    ASSESSMENT CRITERION RANGE 
  • Trust being transferred or renunciation of trusteeship
  • Death of final income beneficiary
  • Decision of Trustees
     

  • ASSESSMENT CRITERION 2 
    The capital beneficiaries and the proportions in which they are to benefit are correctly established with reference to the will and agreement is reached with the beneficiaries as to which assets are to be realised and which are to be transferred to the beneficiaries with consideration being given to the implications of capital gains tax legislation. 

    ASSESSMENT CRITERION 3 
    The sales of the assets and the transfer of the remaining assets to the beneficiaries are properly executed, 
    ASSESSMENT CRITERION NOTES 
    The sales of the assets and the transfer of the remaining assets to the beneficiaries are properly executed, in that:
  • Instructions are given in accordance with the agreement reached with the beneficiaries
  • The correct procedures are followed in accordance with accordance with company-specific procedures
  • The net proceeds of the assets realised are collected and deposited to the trust banking account
  • The transfer of the assets are properly affected and registered in accordance with legal requirements 
  • ASSESSMENT CRITERION RANGE 
    The sale and transfer of:
  • Immovable property
  • Stocks and shares
  • It is determined whether the assets are ceded or pledged. If ceded, refer to the Trustees for instructions
  • It is determined whether there are any outstanding recommendations of which orders have not yet been placed in the market and arrangements are made for these to be cancelled
     

  • ASSESSMENT CRITERION 4 
    A final distribution to the income beneficiaries of the net income received up to the date of termination is correctly calculated and is noted in the trust accounting records in accordance with company-specific procedures. 

    ASSESSMENT CRITERION 5 
    Final accounts are prepared for the trust which meet with legal and company-specific requirements. 

    ASSESSMENT CRITERION 6 
    The distribution of the final capital cash balance to the capital beneficiaries is calculated correctly in accordance with company-specific procedures. 

    ASSESSMENT CRITERION 7 
    The transfer of assets from the trust to the beneficiaries and income tax (including capital gains tax) is calculated and paid in accordance with legal requirements. 


    UNIT STANDARD ACCREDITATION AND MODERATION OPTIONS 
  • An individual wishing to be assessed (including through RPL) against this unit standard may apply to an assessment agency, assessor or provider institution accredited by the relevant ETQA or an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Anyone assessing a learner against this unit standard must be registered as an assessor with the relevant ETQA or with an ETQA that has a Memorandum of
  • Any institution offering learning that will enable achievement of this unit standard or assessing this unit standard must be accredited as a provider with the relevant ETQA, or with an ETQA that has a Memorandum of Understanding with the relevant ETQA.
  • Moderation of assessment will be conducted by the relevant ETQA according to the policies and guidelines for assessment and moderation of that ETQA, at its discretion, in terms of agreements reached about assessment and moderation between various ETQAs (including professional bodies). 

  • UNIT STANDARD ESSENTIAL EMBEDDED KNOWLEDGE 
  • The law relating to Trusts
  • Income Tax and Capital Gains Tax
  • Financial Intelligence Centre Act (FICA)
  • Prevention of Organised Crime Act
  • Promotion of Access to Information Act
  • Financial Advisory and Intermediary Services Bill (FAIS)
  • Law of Persons and the Laws relating to marriage and divorce
  • The laws relating to immovable property, in particular the sale and transfer thereof.
  • Stocks and shares and stock exchange procedures
  • All classes of investment
  • Stamp duty and the taxes, duties and charges applicable to the transfer of all types and classes of asset
  • The fees and any charges applicable and the method of recovery thereof
  • The institution's relevant policies and procedures
  • The institution's range of products 

  • UNIT STANDARD DEVELOPMENTAL OUTCOME 
    N/A 

    UNIT STANDARD LINKAGES 
    N/A 


    Critical Cross-field Outcomes (CCFO): 

    UNIT STANDARD CCFO WORKING 
    The learner is able to work effectively with others as a member of a team, group, organisation and community when managing the client relationship and administering the account 

    UNIT STANDARD CCFO ORGANISING 
    The learner is able to organise and manage self and activities responsibly and effectively 

    UNIT STANDARD CCFO COLLECTING 
    The learner is able to collect, analyse, organise and critically evaluate information when maintaining the investment records and analysing the investment account 

    UNIT STANDARD CCFO COMMUNICATING 
    The learner is able to communicate effectively using visual, mathematical and/or language skills, both orally and in writing 

    UNIT STANDARD ASSESSOR CRITERIA 
    N/A 

    REREGISTRATION HISTORY 
    As per the SAQA Board decision/s at that time, this unit standard was Reregistered in 2012; 2015. 

    UNIT STANDARD NOTES 
    Supplementary information:

    The legal requirements of:
  • The Financial Institutions (Investment of Funds) Act No 39 of 1984.
  • The Stock Exchanges Control Act No 7 of 1985.
  • The Prevention of Organised Crime Act
  • The Financial Intelligence Centre Act (FICA)
  • The Financial Advisory and Intermediary Services Bill (FAIS)
  • The Promotion of Access to Information Act
  • Estate Duty Act
  • Trust Property Control Act No. 57 of 1988.
  • Income Tax and Capital Gains Act
  • Law of Persons and Matrimonial Property Act (including laws relating to Divorce)
  • The laws relating to immovable property, in particular, the sale and transfer thereof.
  • Company Act
  • Wills Act
  • Law of Contracts 

  • QUALIFICATIONS UTILISING THIS UNIT STANDARD: 
      ID QUALIFICATION TITLE PRE-2009 NQF LEVEL NQF LEVEL STATUS END DATE PRIMARY OR DELEGATED QA FUNCTIONARY
    Elective  61589   National Certificate: Banking  Level 5  Level TBA: Pre-2009 was L5  Reregistered  2021-06-30  As per Learning Programmes recorded against this Qual 


    PROVIDERS CURRENTLY ACCREDITED TO OFFER THIS UNIT STANDARD: 
    This information shows the current accreditations (i.e. those not past their accreditation end dates), and is the most complete record available to SAQA as of today. Some Primary or Delegated Quality Assurance Functionaries have a lag in their recording systems for provider accreditation, in turn leading to a lag in notifying SAQA of all the providers that they have accredited to offer qualifications and unit standards, as well as any extensions to accreditation end dates. The relevant Primary or Delegated Quality Assurance Functionary should be notified if a record appears to be missing from here.
     
    1. African Bank Ltd 
    2. Chartall Business College 
    3. Plumb Line Risk Alignment 
    4. The Facilitation Workshop 
    5. The Institute of Literacy Advancement 



    All qualifications and part qualifications registered on the National Qualifications Framework are public property. Thus the only payment that can be made for them is for service and reproduction. It is illegal to sell this material for profit. If the material is reproduced or quoted, the South African Qualifications Authority (SAQA) should be acknowledged as the source.