To Protect or Not to Protect
 
Whilst the role of a trust protector is more often raised in connection with offshore trusts, he/she may be appointed in domestic trusts both inter vivos and will trusts. His/her role and responsibility are often misunderstood or unclear.
 
A trust protector has nothing to do with nor has any connection with the “Public protector”, set up in terms of South Africa’s Constitution to investigate complaints against government agencies or officials.

Before addressing the topic of this article, it is appropriate to look at the proposed changes to the double tax agreement between Mauritius and SA announced in May 2014 and what the impact will be for investment by non-residents into SA and SA companies expanding offshore via Mauritius.