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The 15th Annual FISA Conference

The 15th Annual FISA Conference brought together fiduciary experts to tackle pressing legal, ethical, and administrative challenges. From trust distributions and Shariah law to digital transformation and estate planning, the event offered practical insights and a call for modernisation across South Africa’s fiduciary landscape.
Written by
Jan du Plessis
Published on
October 17, 2025
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The 15th Annual FISA Conference took place on 10 September 2025 at the Sandton Convention Centre.

The Conference was opened by Prof Abel Esterhuyse of the Stellenbosch University. He highlighted the USA, Russia, China, as well as BRICS, as the main drivers in world politics today. In respect of South Africa, he indicated that the ANC is in trouble, mainly because of BEE, state capture and corruption, the high crime rate, bad education, as well as an outdated energy policy. The economic growth of South Africa is also very low compared to peer countries.

This was followed by a panel discussion on distributions between trusts in which Mr Kyle Fyfe and Ms Robyn Armstrong of Werksman’s Attorneys, Dr Albertus Marais of AJM Tax, and Ms Elizabeth Fick of Investec participated. The discussion mainly focused on trust distributions to foreign jurisdictions. Although SARS is of the opinion that these distributions should be regarded as donations, the panel stressed the fact that trustees can only make distributions to beneficiaries. The mere fact that a beneficiary is another trust or is in a foreign jurisdiction does not change the nature of a distribution and does not make it a donation.

Mr Hugo Murray from Basson Blackburn Attorneys discussed the process in getting a curator bonis and/or curator ad personam appointed. He also referred to the appointment of an administrator in terms of the Mental Health Care Act. He highlighted opportunities for the appointment of curators bonis for minors, claims for patients against the Road Accident Fund, medical negligence claims, as well as insurance claims for disabilities.

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“Practitioners must ensure that their daily conduct send out the right message and are in alignment with the values of a fiduciary practitioner.” – Dr Liezl Groenewald

Jan du Plessis
CEO, FISA

Dr Ronel Williams from TrustQore, Mauritius, referred to a study indicating that families are unable to maintain wealth past the second and third generations. The reasons for this are a lack of financial literacy and poor or no estate planning. She highlighted that fact that trustees should know the next generation of named beneficiaries, as well as the members of the classes of beneficiaries in a trust. By doing so they will have opportunities for the creation of new trusts and wills and to do efficient and holistic estate planning for beneficiaries.

Mr Showkat Mukadam of Legacy Fiduciary Services explained the principles of Shariah law, the sources of the inheritance laws governing same, as well as how distribution to heirs should take place. He stressed the fact that the Shariah will will only be valid if it complies with the Wills Act. However, Muslim clients are free to deviate from Shariah law when drafting their wills.

The acting Chief Master, Ms Kalayvani Pillay, acknowledged the challenges facing Master’s Offices. She referred to various issues. Legislation needs to be updated.  The burning issue at this stage is the broken and outdated information and communication technology systems.  The intention is to collaborate with SARS in order to solve this problem and to modernise and implement best practises.

Mr Lance Rademeyer of LRA Auctioneers and Appraisers stressed the fact that valuations by an appraiser is essential where there are minor heirs and estate duty payable in a deceased estate. He also says that an auction is the most efficient and transparent way to dispose of assets.

Dr Liezl Groenewald, CEO of The Ethics Institute, indicated that we live in an uncertain world, with tension, political divisions, unpredictable economic swings and where technology outpaces regulation. In the middle of all of this is the fiduciary practitioner who must stand as guardians of trust. In order to do so practitioners must ensure that their daily conduct send out the right message and are in alignment with the values of a fiduciary practitioner.

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