<P> For a living trust, the grantor may retain some level of control to the trust, such by appointment as protector under the trust instrument . Living trusts also, in practical terms, tend to be driven to large extent by tax considerations . If a living trust fails, the property will usually be held for the grantor / settlor on resulting trusts, which in some notable cases, has had catastrophic tax consequences . </P> <P> In many ways trusts in South Africa operate similarly to other common law countries, although the law of South Africa is actually a hybrid of the British common law system and Roman - Dutch law . </P> <P> In South Africa, in addition to the traditional living trusts and will trusts there is a' bewind trust' (inherited from the Roman - Dutch bewind administered by a bewindhebber) in which the beneficiaries own the trust assets while the trustee administers the trust, although this is regarded by modern Dutch law as not actually a trust . Bewind trusts are created as trading vehicles providing trustees with limited liability and certain tax advantages . </P> <P> In South Africa, minor children cannot inherit assets and in the absence of a trust and assets held in a state institution, the Guardian's Fund, and released to the children in adulthood . Therefore, testamentary (will) trusts often leave assets in a trust for the benefit of these minor children . </P>

The trustee is the person for whose benefit a trust is held