IGL submission commenting on the Regulation of Trusts Bill (2026)

The Institute for Governance and Law (IGL) submitted comments to the Department of Justice and Constitutional Development on the draft Regulation of Trusts Bill, 2026 (“the Trusts Bill”).

The Trusts Bill is to replace the Trust Property Control Act 57 of 1988 and create a framework for the creation, administration, variation, and termination of trusts. This includes specific guidelines about the suitability, powers, and duties of trustees.

The IGL raised a concern with the language used in the Regulation of Trusts Bill. The definition of “beneficial owner” in the Trusts Bill includes founders, trustees, and beneficiaries. This definition does not make sense as it is accepted law that all the property in a trust is owned by the trustees in their capacity as trustees.

The IGL therefore suggests the use of an alternative concept, like “trust stakeholder,” to replace “beneficial owner”. It appears from the content of the Trusts Bill that the intention was to create a broad term to include relevant entities and persons whose data would need to be stored to fulfil administrative obligations. An alternative concept, appropriately defined to include relevant entities and persons, would achieve this aim without making the meaning illogical.

Below you'll find the IGL’s submission on the Regulation of Trusts Bill (2026) submitted to the Department of Justice and Constitutional Development.

Here is a link to access the Regulation of Trusts Bill (2026):