South Africa’s renowned tax lawyer, Meyerowitz defined Estate Planning in the following terms:
    “The arrangement, management and securement and disposition of a person’s estate so that he, his family and other beneficiaries may enjoy and continue to enjoy the maximum from his estate and his assets during his lifetime and after  death, no matter when death may occur.”

    Every businessman has four issues that continually bother him, these are as follows:
    1.      To provide for a successful succession
    2.      To maximize profits
    3.      To minimize tax
                                                           4.      To safeguard assets

    In short, the average businessman thinks about his assets (his estate) very frequently and seeks solutions that would be in line with the definition above.
    This is where we can be of assistance to you.
    Our team has over two decades of estate planning experience, starting at the Master of the High Court in Pietermaritzburg in early 1990 to obtaining a           Master’s Degree in taxation and years of advising, consulting and litigation in estate and tax matters.
    We can assist with South African based estates, Botswana estates and cross border issues of all kinds.
    We assist with the drafting of wills, provision of liquidity, drafting of estate plans as such, advise with regard to tax issues in SA and outside of the borders.
    We deal with onshore trusts, offshore trusts and foundations in any jurisdiction.
    We have colleagues who are in touch with the Master’s offices in SA and in Botswana.
    We are able to also administer trusts and wind up estates or provide assistance and advise with regard to winding ups testate and intestate.
    Come and visit us in Gaborone for a confidential appointment or obtain the answers that you seek online.
    ​​  

Botswana is an ideal trust jurisdiction.
    When Botswana became independent in 1966, after being a British protectorate for many decades, the common law of the time was retained, that being the common law of the Cape Province. The Bechuanaland Protectorate had been administered from Mafikeng, then in the Cape Province.
    The Common Law holds a strong trust tradition. One of the first trust cases heard in the Cape was  twentyman v Hewitt in 1840s.
    After independence in 1966, the common law trust principles was confirmed in 1970 trust case heard at the High Court at Lobatse.
    Botswana has no trust statute to regulate the trusts that are set up here. Thus trusts are not registered as such, but           established under the common law.
    Here at Kingsway Trust Co. we often set up trusts for clients from other jurisdictions.
    ​Botswana has no exchange controls, thus the trustees are able to make informed investment choices and place their funds or assets anywhere in the world.
    Trustees of a typical trust include the husband and wife and one professional trustee, usually a professional from our firm, Kingsway Trust Co.
    Kingsway Trust Co. is a duly registered trust company and is also an International Financial Services Centre Company. Our team establishes trusts,               administers trusts in conjunction with the family trustees and assists with international tax and estate planning.
    Botswana is a stable multi-party democracy and is one of the success stories of Africa. It has the lowest tax rates on the African continent and boasts one     of the best per capita income amounts on the continent.
    Discretion is our watchword. Clients interact with us frequently and meetings are held here in Gaborone, but a 50 minute flight from Johannesburg.
    Botswana is the Switzerland of Africa. Contact us or visit our offices to find out why.

The last will and testament is the most important document that any person who has assets or children can leave behind.
For the businessman, if the estate is left too long without an overseer, the results can be financially catastrophic.
Assets disappear, the business has no direction, banks cannot issue finance, loans are called up. A businessman without a will is taking a huge risk because the cost of delay of appointment of an executor are simply staggering.
 Thus the appointment of a responsible and competent executor is one of the issues that a will addresses.
      Then, there might be minor children. Their welfare is paramount. A guardian has to be appointed. If this is done in the will, it is                     possible that the right choice will be made. It will be the testator (male) and testatrix (female) choice. Not left to a stranger to make the       choice of guardian for a minor. The will provides certainty in respect of the asset bequests to heirs.
      A well drafted and a well planned will also can save taxes and duties that would otherwise be payable.
      Drafting a will and estate planning go hand in hand. A well drafted will is not possible to issue without some basic planning taking               place.
      The experienced will drafter will ensure that possible conflicts do not arise.
      Should there be assets in another jurisdiction the appropriate advice will be given.
      Our staff are highly experienced in the drafting and administration of wills, trusts and estates. All taxation and other issues that are               relevant are taken into account when drafting, in order to provide a document that is legally executable and conforms to the wishes of         the estate consultant / testator/trix.

      Research is the backbone of our business!
      We strive to present the end user with useful information that can be used to base decisions on, in             solid, plain English.
      We have an extensive library and knowledge base, containing up to date statutes, case law and                 commentaries on the common law for the countries of both South Africa and Botswana.
      In particular, we are well able to assist with
      ·         Taxation, vat, transfer duty, capital gains taxes of both countries.
      ·         Cross border issues, transfer pricing, controlled foreign company regime issues and avoidance                 of the pitfalls of cross border taxation.       
        Interpretation of double tax avoidance treaties in light of the OECD commentaries, mutual assistance procedures and issues                       pertaining to residence.
        We deal with trusts, trust law, trust administration and the taxation, protection that trusts offer and the proper administration of trusts           in both jurisdictions.
      ·         Insolvency, winding ups and rehabilitation are interesting topics of which our staff have plenty of experience.
                Company law issues are researched and reported on for clients
      ·         Estate law, winding up of estates, drafting of wills and trusts, issues regarding the fees chargeable, cross border issues in                           terms of estates.
      ·         Matrimonial regime changes for estate planning purposes.
      ·         General commercial legal queries. 
      When reporting on any issues for clients, care is taken to find the current law.
      Every fact that is reported is backed by authority unless the author explicitly states that an opinion is his, but then the full reasons are           given for the opinion.
      Reports are drafted with a view to fulfilling the need of the client and with a view to value for money.

Create A Free Website With WebStarts.com