Draft Regulation of Trust Bill, 2026 Published for Public Comment

Posted 19 August 2026 Written by Acts Online
Category Trusts & Estates

Brought to you by SA Accounting Academy: The Department of Justice and Constitutional Development has published the draft Regulation of Trust Bill, 2026, initiating a comprehensive legislative overhaul to replace the Trust Property Control Act, No. 57 of 1988.

Published under Government Gazette No. 55166, Government Notice No. 4088, the draft Bill is designed to modernise South Africa’s trust law regime, introduce stricter statutory governance controls, and enhance the supervisory powers of the Master of the High Court.

Key Legislative Objectives

The draft Regulation of Trust Bill, 2026 introduces major structural and operational adjustments for family, business, and testamentary trusts, focusing on:

  • Repeal and replacement of Act No. 57 of 1988: Establishing a comprehensive, updated statutory framework for trust formation, registration, and administration.
  • Strengthened Master’s oversight: Expanding the powers of the Master of the High Court to investigate, monitor compliance, and enforce trustee accountability.
  • Codified trustee governance: Introducing specific statutory requirements governing trustee conduct, standard of care, and formal rules for trustee appointment and resignation.
  • Prudent investment statutory rules: Enacting formalised rules regulating trust asset investments and risk management.
  • Beneficiary protections: Enhancing disclosure obligations, transparency, and legal protections available to trust beneficiaries.

Click here to download the draft Regulation of Trust Bill, 2026.

What this means for you, your business, or your clients

  • For yourself: Professional trustees and fiduciary practitioners must review the draft provisions to prepare for codified fiduciary duties and formalised statutory requirements regarding resignations and investments.
  • For your business: Legal, accounting, and fiduciary firms should audit standard trust deed templates and compliance workflows to identify required revisions ahead of the repeal of Act No. 57 of 1988.
  • For your clients: Settlors, trustees, and beneficiaries of existing family and commercial trusts face heightened compliance obligations, stricter reporting requirements to the Master, and new investment mandates.

Originally published at https://accountingacademy.co.za/news/read/draft-regulation-of-trust-bill-2026

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