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WRITING YOUR WILL
Why should I consider creating a Children’s Trust and how does this differ from the Guardian’s Fund?
Why should I consider creating a Children’s Trust and how does this differ from the Guardian’s Fund?
Updated over a week ago

It is advisable that you seriously consider creating a children's trust if you have minor children, or children who are differently-abled, who aren't in a position to take care of themselves and/or their own finances, and where you are leaving them an inheritance. By creating a trust, you appoint people you trust (trustees) to manage the financial affairs of your children until such time as they are able to do so for themselves (if ever). Should you fail to create a children's trust in these circumstances, your child's financial affairs will be managed and maintained by the Guardian's Fund, managed by the Master of the High Court, until the child reaches majority age, whereafter the funds can be paid out in full. The Guardian's Fund deals with very large volumes of cases and your children will be subject to their timelines for the processing of claims for money for their daily needs. It is therefore highly recommended that you create a children's trust, with trustees you trust, who can manage your children's financial affairs with the necessary care and priority.

The primary difference between them is that the administration of the Guardians Fund is free of charge given it is a government organisation, whereas a Children’s Trust can be expensive to administer given it is managed by professionals (but it does not have to be given you can appoint trustees personally). The value of your assets should be big enough to be able to handle professional administrative expenses, all while providing for the beneficiaries of the trust, until at least the date of termination of the trust.

The other notable difference is that with the Guardians Fund there can be considerable delays in making distributions given children (or their guardian on their behalf) will have to lodge applications for maintenance through formal applications to the Master of the High Court and in accordance with the Guardian’s Fund timelines, where process for claiming funds is much more informal and quicker with a Children’s Trust. 

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