Testamentary rights are powers granted to the Donor or to a specific Trustee in terms of the Trust Deed which empowers the Donor or Trustee to determine in his/her Last Will and Testament, depending on the rights granted in the Trust Deed, the following:

1. The formula for distributing the assets and income of the Trust to the beneficiaries. The Donor or Trustee who has testamentary powers in terms of the Trust Deed therefore has the powers to determine in his/her Last Will and Testament the ratio in which the assets and income of the Trust should be divided between the beneficiaries.
2. Who is nominated to act as his/her successor trustee upon his/her death.
3. The vesting date of the Trust.

Should the Trustee or Donor decide to exercises these rights in his/her last Will and Testament, that provision in his/her last Will and Testament shall prevail and enjoy preference over any decision already made or yet to be made by the trustees and will be deemed to be the final provision with regard to the distribution of assets and/or income to  the beneficiaries from the Trust, the vesting date of the Trust as well as who will be appointed as successor Trustee in his/her place.

Should the Trustee or Donor decide not to exercise these rights in his/her Last Will and Testament, the appointed Trustees will be entitled to determine how the assets and income of the Trust will be distributed in accordance with the provisions of the Trust Deed, to appoint a successor trustee of their choice upon the death of the Donor or Trustee and/or to determine the vesting date in accordance with the provisions of the Trust Deed.

The Donor or Trustee to whom these powers are granted may not, however, use any of these rights to benefit his/her own estate. Any attempt to benefit his/her own estate or him-/herself shall be void ab initio.