No. 245 – Think twice before establishing a trust to fund future education
Question
I’d like to set up a trust for my five-year-old daughter’s education. Is that the right move?
Answer
A trust can be an excellent vehicle for providing for your daughter’s education, but iIt can also be unnecessarily expensive and complex. The real issue is not whether a trust is good or bad. It is whether it is appropriate for the goal you are trying to achieve.
Let’s break it down properly.
Pros of a trust
There are legitimate reasons to consider one.
A properly constituted inter-vivos trust is a separate legal entity. The assets inside it no longer belong to you personally. That means they are generally protected from your personal creditors and do not form part of your estate on death.
If something happens to you, the trust continues. Trustees can carry on paying school fees and university expenses without waiting for your estate to be wound up. That continuity is real and valuable.
A trust deed can be drafted specifically to fund education. It can restrict usage to school fees, tertiary education, accommodation and related expenses. It can also prevent capital from being accessed for frivolous purposes.
For parents worried about an 18-year-old suddenly gaining control of a large sum, this structure offers behavioural protection.
If funded consistently and early enough, a trust can remove growth assets from your personal estate. Over time, that may reduce estate duty exposure and create a longer-term intergenerational wealth vehicle. For high-net-worth families, that strategic benefit can be significant.
But those advantages must be weighed against the cons
The cons of a trust
Trusts are not plug-and-play savings accounts.
Trusts are expensive to run
A trust requires annual financial statements. It must submit tax returns. Proper books must be kept. Trustees have fiduciary responsibilities. The Master’s Office expects compliance. In most cases, you will need an accountant annually. For a modest education fund, those ongoing costs can materially erode returns. If the capital base is small, the structure may end up costing more than it adds in value.
Trusts are taxed heavily
Trusts are taxed at a flat 45% on income and have an effective capital gains tax rate of 36%. That is significantly higher than the effective rate faced by most individuals. Yes, income can be distributed to beneficiaries in the same tax year under the conduit principle to avoid the punitive trust rate. However, this requires active annual planning and correct execution. If the mechanics are not handled properly, the tax bill is unforgiving.
The Schlep of getting money into the trust
Funding a trust is not seamless. You may donate up to R150,000 per person per year without triggering donations tax. Amounts above that attract 20% donations tax in the donor’s hands.
An alternative
Before defaulting to legal complexity, it is worth asking a simpler question: what if you invested directly in your child’s name?
A standard unit trust portfolio in her name is often:
- Far cheaper to administer
- Simpler to manage
- Potentially more tax efficient for long-term capital growth
A minor child has her own tax thresholds and capital gains exclusion. While attribution rules apply to certain income streams, long-term equity growth can still be taxed favourably in her hands.
Most importantly, there are no annual trust compliance costs. No trustee meetings. No Master’s Office filings. Just an investment platform compounding over time.
For many families funding education only, this simplicity wins.
However, simplicity introduces one major consideration. If you invest in your daughter’s name directly, she gains legal control of the funds at 18. That is not negotiable. You cannot retrospectively impose conditions.
For some parents, that is perfectly acceptable. For others, it is a source of discomfort. An 18-year-old with access to substantial capital may not always make decisions aligned with long-term intentions.
A trust allows you to stagger control. You can specify distributions at 21, 25 or even later. You can maintain trustee oversight during the transition into adulthood. This is often less about tax efficiency and more about behavioural management.
If creditor protection or divorce structuring is a key concern, a properly structured trust can provide insulation that a simple investment account may not.
If your goal is purely to fund education, and the capital base is moderate, a well-structured unit trust portfolio in your daughter’s name is often the most efficient and cost-effective solution. Keep costs low, invest cleverly, review annually and let compounding do the heavy lifting.
KENNY MEIRING IS AN INDEPENDENT FINANCIAL ADVISER
Contact him via phone, email or via contact phone on the financialwellnesscoach.co.za website
Read more of our articles on the Daily Maverick website or newspaper weekly!