Assignments for Chapter 7
Estate Transfers
Centre for Conveyancing Practice
Total number of marks asked from this chapter
Sep 2009 - 21
May 2009 - 27
Sep 2008 - 49
May 2008 - 0
Sep 2007 - 63
May 2007 - 50
Sep 2006 - 19
May 2006 - 40
Sep 2005 - 44
May 2005 - 61
Sep 2004 - 28
Paragraph 2.2 - Who transfers property from
July 2004 - 43
Sep 2003 - 52
May 2003 - 47
the deceased estate?
Sep 2002 - 26
May 2002 - 21
Question 3 (Part 2) May 2012
Sep 2001 - 3
May 2001 - 16
Sep 2000 - 40
May 2000 - 14
Sep 1999 - 12
May 1999 - 10
Describe (using your own names and details to complete
your answer) how a joint estate would be described in
the vesting clause of deeds in the following
circumstances:
Importance: 10,4% of the examination paper
The wife dies and there is a surviving spouse
living at the date of registration of transfer.(2)
3.2
Where both spouses died before registration.
The wife died first and immediately thereafter the
husband died.
(2)
3.3
Both spouses die in an accident but it cannot be
determined who was the first dying.
(2)
3.4
Where the surviving spouse (husband) has remarried in community of property?
(2)
Paragraph 2.1 - To whom does property of
iii
Question 8 (Part 2) September 2007
[2]
Immovable property is acquired by a person during his
lifetime and which was never registered into his name.
He never marries and now dies. In whose favour will the
deed of transfer be made out? Motive your answer.
Question 11 (Part 2) May 2005
[8]
3.1
An average of 31.2 marks from 22 papers
deceased person belong?
iii
Question 8 (Part 2) September 2006
[5]
Looney Toon was married out of community of property
to Daffy Toon. In terms of his last will and testament
dated 10 January 1991 he bequeathed his immovable
property to his wife who was also the executrix of his
estate. At the time of his death Looney Toon was a
mental patient and his curator was Piet Schoerie who
was appointed curator bonis by order of the High Court
dated 19 November 1999.
[10]
A property was purchased by HENDRIK BESTER on 1
May 2002. He died on 21 May 2002 before transfer
could be registered and was married in community of
property to JOAN BESTER.
Describe the transferee as it will appear in the Deed of
Transfer (provide necessary details).
Looney Toon died on 10 January 2006.
ANSWER The joint estate of the late Hendrik Bester estate number
1123/2005 and his surviving spouse Joan Bester Identity
number 451212 0073 085 unmarried, previously married
in community of property to the deceased.
Chapter 7 - Estate Transfers
Describe the transferor in the Power of Attorney and in
the Deed of Transfer.
ANSWER -
1
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Section 21 of the Deeds Registries Act 47 of 1937
provides that in any transfer lodged in a Deeds Registry
relating to land which is an asset in a joint estate, the
surviving spouse shall be joined in his/her personal
capacity with the Executor of the deceased spouse’s
estate except in certain circumstances.
In the power of attorney
Daffy Toon in my capacity as executrix in the estate of
the late Looney Toon acting under Letters of
Executorship No. 657/2001 dated 14 May 2001 issued by
the Master of the KwaZulu-Natal High Court, Durban
In the Deed of Transfer
The executrix in the estate late Looney Toon, estate
number 657/2001.
Question 9 (Part 2) September 2006
Name the circumstances in which this does not apply.
See the answer to this question in paragraph 2.2 of
this chapter.
[8]
This question was also asked in Question 11 (Part 2)
September 2003 for 5 marks and question 14 (Part
2) September 2000 for 5 marks.
Describe (using your own names etc.) How a joint estate
would be described in the vesting clauses of deeds in the
following circumstances:
9.1
9.2
The husband dies and there is a surviving
spouse living at the date of registration.
Paragraph 2.4 - Additional requirements when
the exceptions of section 21 apply to an estate
transfer
[2]
Where both parties have died before
registration. The husband died and immediately
thereafter the wife died.
[2]
9.3
Where it cannot be determined who was the first
dying.
[2]
9.4
Where the survivor (wife) has re-married in
Community of property.
Question 2.3 (Part 1) May 1996
Draw the divesting clause of your deed of transfer,
commencing with: “Wherefore the appearer...” up to and
including “... dispossessed of ...”
This question was part of a longer question where the
exact facts were given for the drafting of the causa and
divesting clause.
[2]
ANSWER
9.1
the joint estate of the late Paul Conley
estate number 2364/2006
and his surviving spouse Mary Conley
identity number 721108 0009 087
widow
ANSWER
“Wherefore the appearer renouncing all the right and title
the said joint es-tate of the late John Davis, estate
number 834/96, and his surviving spouse Jean
Davis, identity number 541208 0023 005, widow,
previously married in community of property with
the deceased heretofore had to the premises did in
consequence also acknowledge her to be entirely
dispossessed of ...”
[2]
9.2
the joint estate of the late Peter Small
estate number 900/2006
and subsequently deceased spouse Alette Small
estate number 901/2006
[2]
9.3
the joint estate of the late Henry Baker
estate number 1000/2006
and the late Martha Baker
estate number 1001/2006
9.4
Paragraph 3 - Section 42(1) & 42(2) certificates
iii
[2]
Question 4 (Part 2) September 2010
The joint estate of the late Malcolm Kuhn
estate number 3330/2006
and his surviving spouse Magda Zietsman
identity number 660912 0150 08 9
now married in community of property to André
Zietsman
[2]
Question 1 (Part 2) May 2005
Chapter 7 - Estate Transfers
[2]
[5]
A property has been sold by the executor of an estate.
You require a Section 42(2) endorsement from the
Master of the Supreme Court before you can transfer the
property. Which documents will the Master request you
to lodge with him before he furnishes that endorsement?
Question 2.1 (Part 2) September 2009
[5]
2
[6]
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2.1
What, in brief, does section 42(2) of Act 66 of
1965 require and what must be done to have the
power of attorney to transfer endorsed?
What will the requirements be of the Master of
the High Court before giving his consent in terms
of section 42(2) of Act 66 of 1965?
[3]
7.2
Also asked in Question 1 (Part 2) September 2005
for 6 marks.
Question 12 (Part 2) September 2006
[6]
12.1
In the case of an estate transfer, must the
Liquidation and Distribution Account duly lie for
inspection before a certificate in terms of section
42(2) of the Administration of Estates Act may
be issued pursuant to a sale concluded by the
deceased during his lifetime? Motivate your
answer.
[3]
12.2
In the case of an estate transfer, must the
Liquidation and Distribution Account duly lie for
inspection before a certificate in terms of section
42(1) of the Administration of Estates Act may
be given? Motivate your answer.
[3]
What steps will you, as conveyancer, take before
providing a certificate in terms of section 42(1) of
Act 66 of 1965?
[4]
ANSWER
7.1
The Master requires that the following
documents must be lodged:
1)
A standard questionnaire, Form JM 33,
completed and signed by the executor.
2)
Written consents to the sale from all the
heirs.
3)
Certified copy of the deed of sale.
4)
The power of attorney to receive the
section 42(2) endorsement.
7.2
1)
ANSWER 2)
12.1
12.2
No. A liquidation and distribution account does
not have to lie for inspection or even be prepared
for the issue of a section 42(2) certificate by the
Master, regardless whether the property was
sold by the deceased during his lifetime or by the
executor after his death. (The only difference is
that where the property was sold by the
deceased during his lifetime the consent of the
heirs is not necessary but where it was sold by
the executor the consent of the heirs must be
obtained.)
[3]
3)
Question 11.1-11.3 (Part 2) September 1999
11.1
Yes, it must lie open for inspection. In terms of
section 42(1) of the Administration of Estates Act
a conveyancer must certify that the transfer is
in accordance with the liquidation and
distribution account. However, regulation
49(1)(f) of the Deeds Registries Act prescribes
further that it must also lie open for inspection
and that no objection against the transfer
must have been received.
[3]
7.1
You are attending to a transfer from a deceased
to his heir. Section 42(1) of the Administration of
Estates Act, No 66/1965 requires a conveyancer
to certify that the transfer is in accordance with
the liquidation and distribution account. In terms
of another Act, the conveyancer is required to
provide a certificate regarding further aspects
relating to the liquidation and distribution
account.
11.2
What steps will you take before furnishing such
a certificate?
[4]
11.3
What, in brief, does section 42(2) of Act 66 of
1965 require?
[2]
[7]
The executor in a deceased estate is requested
by the heirs, who are all over 21 years of age, to
sell an immovable property which is an asset in
the estate.
ANSWER
11.1
Chapter 7 - Estate Transfers
[9]
What must this certificate contain and in terms of
which Act must the certificate be furnished?
The two certificates can be combined in one
certificate.
[3]
Was also asked in Question 11 (Part 2) September
1996 for 6 marks
Question 7.1 & 7.2 (Part 2) May 2000
I shall peruse the L&D account to
ascertain whether the transfer is in
accordance therewith, in other words
that the property I am to transfer has
been awarded to the transferee.
I shall ascertain whether the L&D
account has lain for inspection at either
the Master's office or at a Magistrates
Office.
I shall ascertain whether the L&D
account is free from any objections and
that the Master has approved it.
3
The Deeds Registry Act (Reg 49(1)(f)) requires a
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conveyancer to certify, in terms of
section 45 endorsements, that:
a)
the liquidation and distribution account
has lain open for inspection;
b)
that no objection thereto has been
received; and
c)
that the endorsement to be made is in
accordance with the account.
They are exactly the same requirements than
provided for by the conveyancer in his certificate,
in terms of section 42(1) of the Administration of
Estates Act.
11.2
11.3
Paragraph 5.1 - Drafting of the causa
Question 6 (Part 1) September 2012
Two properties are registered in the name of Jack
namely unit 3 and unit 5 in the Sectional Title Scheme
the Waldorff.
If an executor desires to effect transfer of
immovable property in pursuance of a sale, he
must lodge a certificate by the Master that no
objections exist to the sale.
Larry and Mavis have entered into a redistribution
agreement in terms whereof Mavis’ interests will be
restricted to Unit 5 and Larry’s will be restricted to Unit 3.
Mavis has undertaken in the redistribution agreement to
pay in an amount of R100 000 to equalize the
redistribution due to the difference in value of the
properties.
[1]
If a property was sold by a person before his death and
transfer has not been registered, is it necessary to obtain
any consent from the Master of the High Court?
[1]
ANSWER
Yes, consent by the Master to transfer in terms of section
42(2) is required.
Question 16 (Part 2) September 2003
6.1
Draw only the causa and the vesting clause of
the Deed of Transfer in which you will transfer
unit 5 to the person/s entitled thereto.
(15)
6.2
What will you lodge with your new Deed of
Transfer?
(5)
[10]
Note the two aspects that differ here from the
following question 3 (Part 1) September 2008.
You have received instructions to transfer Erf 95
Ravenswood Township from the late John Jones to his
son, Michael Jones in terms of the deceased’s Will.
Question 13 (Part 1) September 2009
Draft the Conveyancer’s certificate that is required in
terms of Section 42(1) of The Administration of Estates
Act 66 of 1965
[10]
[15]
John and Irene Smith were married in community of
property. They signed a joint will in terms of which they
massed their estates and bequeathed the joint estate to
their only child, Sandra Smith, unmarried, subject to the
life usufruct in favour of the surviving spouse.
ANSWER
See Example 7 C in Part 4 of your notes.
Irene Smith died on 20 April 2009 and John Smith
repudiated.
Paragraph 4.2 - Drafting of the causa in the
case of a SALE of estate property i i i
Erf 100 Silver Sands is registered in the names of John
and Irene Smith under Deed of Transfer T 512/2007.
The general plan number is SG No 200/2006 and John
and Irene bought the property from the township owner.
See Question 3.1.1 (Part 1) September 2004 for 4
marks as part of a 16 mark question. This question
appears in Assignment 4, “Deed of Transfer”, under
paragraph 4.4 the “Causa clause”.
Chapter 7 - Estate Transfers
[20]
Jack and Jill Sithole were married out of community of
property. Jack died on the 3rd of March 2010, leaving a
will signed by him at Cape Town on the 8th of November
2005 in which he bequeathed all his immovable
properties to his children. He was survived by two
children, Larry unmarried and Mavis, married in
community of property. The bequest is subject to the
usual condition that the inheritance will not form part of
the community of property of any marriage an heir may
enter into.
I shall obtain a copy of the L & D account (as it
was lodged at the Master's office) to ensure the
transfer is in accordance with the account. I
shall also ensure that the account has been
approved and has lain for inspection free from
objections.
Question 11.3 (Part 2) September 1997
iii
Draft the part of the deed of transfer in favour of
Sandra Smith starting with “And the Appearer
4
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condition that on his death the property is to
devolve on his son, Martin. The gross value of
this estate is R45 000,00. You are requested to
attend to the registration of the transfer.
[7]
declared that” up to and including the extending
clause. Use your own further particulars to complete
the property description.
Question 3 (Part 1) September 2008
[20]
ANSWER -
Jack and Jill Sithole were married in community of
property. Jack died on the 3rd of March 2007, leaving a
will signed by him at Polokwane on the 8th of November
2001 in which he bequeathed all his immovable
properties to his children. He was survived by two
children, Larry unmarried and Mavis, married in
community of property. The bequest is subject to the
usual condition that the inheritance will not form part of
the community of property any marriage an heir may
enter into.
6.1
WHEREAS the undermentioned transferees are entitled
to the property hereinafter described as the sole intestate
heirs of the said late Allan Winter, unmarried, in terms of
section 1(1)(d)(ii) of the Intestate Succession Act 81 of
1987, who died on 5th February 1996;
Transferees
Two properties are registered in the name of Jack
namely unit 3 and unit 5 in the Sectional Title Scheme
the Waldorff.
Larry and Mavis have entered into a redistribution
agreement in terms whereof Mavis’ interests will be
restricted to Unit 5 and Larry’s will be restricted to unit 3.
3.1
3.2
Draw only the causa and the vesting clause of
the Deed of Transfer in which you will transfer
unit 5 to the person(s) entitled thereto.
[15]
What will you lodge with your new Deed of
Transfer?
Question 6 (Part 1) May 2006
[5]
6.2
Allan Winter, a bachelor, died on 5 February
1996. He was the owner of Erf 345 Seaview.
He did not leave a will and the gross value of his
estate is R120 000,00. He is survived by his two
brothers, Robert and Frank, and his father,
Joseph. You are requested by his executor to
attend to the registration of transfer of the erf.
[11]
Anne Smithers, a widow, is the owner of the
farm Hillside, 123. She died on 31 January
1996. In terms of her will she bequeathed that
property to her son, Henry (married in
community of property to Gillian), subject to the
Chapter 7 - Estate Transfers
1.
Joseph Winter
Identity Number 400102 5003 08 1
Widower1
As to one-half (½) share
2.
Robert Winter
Identity Number 631003 5031 08 2
Unmarried
As to one-quarter (1/4) share
3.
Frank Winter
Identity Number 651112 5045 08 3
Unmarried
As to one-quarter (1/4) share
DOCUMENTS for lodgement:
1.
Transfer duty exemption certificate or a
Certificate of the Receiver that the estate is not
registered for VAT
2.
Rates Clearance Certificate
3.
Affidavit from the executor as proof that the
deceased died intestate
4.
Conveyancer’s certificate in terms of section
42(1) of the Administration of Estates Act
5.
Certified copy of the liquidation and
distribution account
6.
Certified copy of the affidavit of next of kin 2
[11]
6.2
And the Appearer declared that:
[18]
In each of the following instances draw only the causa as
it will appear in the relevant deed of transfer (i.e.
commencing with the words “And the Appearer declared
that........”). In each instance, describe the Transferee(s)
and, if there should be more than one, indicate the share
which each Transferee will receive. In each case, invent
such further details as you may deem necessary, and list
the documents (including any Conveyancer’s certificate)
which you would lodge in the Deeds Registry in addition
to the new deed, the power of attorney and the existing
title deed.
6.1
And the Appearer declared that:
Whereas the undermentioned transferee is entitled to the
property hereinafter described in terms of the will dated
3rd June 1990 of the said late Anne Smithers, a widow
who died on 31st January 1996, subject to the condition
1
2
5
Or “unmarried”.
To prove the relationship with the brothers.
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that on his death the property is to devolve on his son,
Martin,3 as mentioned hereunder
TRANSFEREE:
Henry Smithers
Identity Number 600918 5012 084
Married in community of property to Gillian Smithers4
DOCUMENTS for lodgement:
1.
Certified copy of the Will of late Anne
Smithers. - (The will must be accepted and
certified by the Master.)
2.
Master’s section 18(3) appointment - (to prove
that a Section 42(1) certificate is not required).
[7]
3.
Certified copy of the Inventory 5
3.1
Draft the recital (beginning with “.......... granted
to him by:), the causa and vesting clause in the
first transfer.
[10]
3.2
How will you describe the grantor/transferor in
the Power of Attorney to pass the second
transfer?
[3]
3.3
Which documents will you lodge at the Deeds
Office in support of the second transfer?
[7]
ANSWER 3.1
Preamble in the deed of transfer:-
granted to him by the Executrix in the Estate of Late Babsie Bender
estate number 876/2000.
The same question was asked in Question 8 (Part 1)
July 2004 for 18 marks.
Causa:Question 3 (Part 1) May 2005
[20]
And the appearer declared that:-
Ben Bender and Babsie Bender are married to each
other in community of property. Babsie’s mother, Jane
Jooste, a widow, donates Erf 123 Bellville to Babsie.
The deed of donation, dated 15 January 2000, states
that the property will not form part of any community of
property.
WHEREAS the undermentioned transferee estate is
entitled to the undermentioned property as intestate heir
in terms of the Intestate Succession Act 81/1987 in the
intestate estate of the above deceased who died on 10
July 2000;
AND WHEREAS the above deceased was married in
community of property, which community of property was
excluded in a deed of donation, dated 15 January 2000;
Babsie Bender died intestate on 10 July 2000,
subsequent to registration of Erf 123 Bellville in her
name. The property is the sole asset in her estate and is
valued at R110 000,00 for estate purposes. Babsie’s
daughter, Susan Snow, a divorcee is appointed as
Master’s Representative in terms of letters of Authority
No 876/2000 dated 29 July 2000, issued by the Master,
Cape Town. Ben is the sole intestate heir. On 1
September 2000, but prior to registration of transfer into
his name, he died intestate and Susan Snow is
appointed as Executrix in his estate under Letters of
Executorship No 1042/2000, issued by the same
Master’s Office on 12 November 2000. Susan Snow
was his only child.
Vesting clause:NOW THEREFORE he, in his capacity as conveyancer
aforesaid, did by these presents cede and transfer to and
on behalf of the
Estate of Late Ben Bender
estate number 1042/2000
his heirs, executors, administrators or assigns in
full and free property
[10]
3.2
3
4
5
Or the following alternative wording: “...
subject to a fideicommissum in favour of
his son, Martin, as hereinafter described (or
as mentioned hereunder) ...”. The condition
must then be fully cited in the conditional
clause below.
3.3
1
2
3
4
5
Candidates will be penalized for joining
Gillian Smithers as co-transferee, since this
is a fiduciary property.
In the case of a Section 18(3) estate where
the value of the estate is R125 000,00 and
less.
Chapter 7 - Estate Transfers
6
6
Susan Snow
in my capacity as Executrix in the Estate Late
Ben Bender acting under Letters of Executorship
No.1042/2000 issued by the Master of the High
Court Western Cape, Cape Town on 15
November 2000.
[3]
Deed of transfer (draft deed)
Title deed (existing title deed)
Power of attorney to pass transfer
Rates clearance certificate
Transfer duty exemption certificate / VAT
clearance certificate
Section 42(1) conveyancer’s certificate
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7
the hereinafter mentioned transferee is entitled to the
undermentioned property;
Affidavit from the executor as proof that the
deceased died intestate
[7]
Question 6 (Part 1) September 2004
NOW THEREFORE ...
[20]
Wilson Maseko and June Maseko, married in community
of property to each other, bequeath their entire estate to
their children, a son Secundus and a daughter Tulip,
subject to a life usufruct in favour of the survivor.
1.
2.
3.
Wilson Maseko died on 10 February 2004 and his wife
adiated. The testators massed their estates. Two
residential properties are registered in the testators’
names, one at the coast and the other inland. The two
children entered into a redistribution agreement in terms
of which Secundus will receive the inland property.
4.
[15]
Certified copy of the will
Section 42(1) certificate by conveyancer
Proof of adiation (Certificate by the Master or
conveyancer or an affidavit by the surviving
spouse)
Certified copy of the re-distribution
agreement
[5]
Question 10 (Part 1) September 2003
[12]
10.1
Ben van Vuuren sold Erf 300, Polokwane to
John Grey by way of a private agreement.
Before the property could be transferred, Ben
van Vuuren dies. Draw the causa as it will
appear in the Title Deed.
[4]
10.2
Describe the transferor in the power of attorney
to pass transfer of Ben van Vuuren’s property.
Provide your own further details to complete your
answer fully.
[6]
ANSWER -
10.3
What additional documents would you lodge? [2]
BE IT HEREBY MADE KNOWN:
ANSWER
That Gabriël Jacobus le Roux appeared before me the
Registrar of Deeds at Pretoria in terms of a power of
attorney signed at Pretoria on 6 March 2002 and granted
by
The Executor in the estate of the late Wilson
Maseko
Estate number 1 of 2004 6
10.1
And the appearer declared that the said
deceased, Ben van Vuuren, during his lifetime
on 6 April 2002, had truly and legally sold
10.2
I, the undersigned, Jan van Vuuren, in my
capacity as executor in the estate of the late Ben
van Vuuren, acting herein in terms of Letters of
Executorship no 2335/2003, issued by the
Master of the High Court of South Africa,
Pretoria, on 10 June 2003
10.3
Besides the Deed of Transfer also the following
additional documents 1)
Power of attorney with the Master’s
section 42(2) endorsement
2)
Title deed
3)
Transfer duty receipt
4)
Clearance certificate
6.1
Draw only the preamble and causa as it will
appear in the deed of transfer to the son.
[15]
6.2
List the documents to be lodged in the Deeds
Office excluding the Power of attorney, Title
Deed, draft deed, status affidavits, insolvency
affidavits, rates clearance certificate and transfer
duty exemption receipt.
[5]
AND the Appearer declared that:
WHEREAS in terms of the joint will dated 10 May 1986
of the late Wilson Maseko, who died on 10 February
2000, and his surviving spouse, June Maseko, who were
married in community of property, the testators massed
their estates and bequeathed their joint estate to their
children subject to a life usufruct in favour of the survivor
as hereinafter described; 7
AND WHEREAS the said survivor has adiated under the
joint will;
Paragraph 5.4 - Supporting documents for
AND WHEREAS the said children have entered into a
redistribution agreement, in terms of which agreement
6
7
estate transfers due to an inheritance
Questions pertaining to documents to be lodged
generally form part of questions under other headings.
Section 21 exception is applicable.
Question 12 (Part 2) September 2008
The usufruct must be described fully in the
conditions clause.
Chapter 7 - Estate Transfers
iii
7
[4]
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Will the Registrar of Deeds accept a copy of a Will
certified by a conveyancer. Discuss and motivate your
answer.
By an affidavit from the executor that the deceased did in
fact died intestate. (Since 2006).
Question 14 (Part 2) September 2002
Question 9 (Part 1) September 2008
[8]
[10]
Pieter and Marie Els were married in community of
property. In their joint will they bequeathed their property
to the survivor subject to a fideicommissum in favour of
their only child. The property is not mortgaged.
Mr John Jones and Mrs Mary Jones were married in
community of property to each other on the 11th May
1948 and entered into a Joint Will signed at Bloemfontein
on the 10th March, 2007.
Peter died and Marie adiated.
Mr John Jones died on the 20th March 2008.
List the documents that must be lodged in the deeds
office and any certificate/s that must be provided in order
to register the property in the name of the surviving
spouse in the least expensive manner.
[8]
In terms of the Joint Will the fixed property known as Erf
123, Bloemfontein, was bequeathed to their son Peter
Jones and the residue of the estate to Mrs Mary Jones.
Draw the necessary adiation certificate for signature by
the surviving spouse to enable the transfer of the fixed
property into the name of Peter Jones to take place.
ANSWER
1)
2)
3)
4)
5)
6)
7)
8)
This is a new question. See Example 7Q in your
notes (Part 4) for the answer.
Question 22 (Part 2) September 2007
[2]
Must the Executor in deceased estates also be a party to
a redistribution agreement? Motivate your answer.
Question 7.1 & 7.2 (Part 2) September 2001
Application in terms of Section 45(1) of the
Deeds Registries Act
Title deed
Transfer duty exemption certificate
Rates clearance certificate
Certified copy of the will issued by the Master
Section 42(1) conveyancer’s certificate
Proof of adiation
Proof of marriage in community of property
[3]
Paragraph 5.5 - The power of attorney relating
7.1
7.2
An heir, who is entitled to inherit certain property
in terms of a will died before the testator, leaving
dependents who are now entitled to the property.
Name the document required by the deeds office
to prove the descendants.
[1]
to estate transfers
iii
The questions below are typical combination
questions where various aspects of the work are
integrated. Principles pertaining to powers of
attorney, deeds of transfer, estate transfers,
documents to be lodged and VAT or transfer duty,
are all combined in one question with various subsections.
In which ways can you prove adiation for deeds
office purposes?
[2]
ANSWER
7.1
Affidavit of next of kin.
Question 11 (Part 1) May 2011
7.2
By any of the following 1) statement by the surviving spouse
2) certificate by the Master
3) certificate by a conveyancer
to the effect that she has indeed adiated.
11.1
Question 3.2 (Part 2) May 2002
[1]
David Mokoena and his wife Salumina Mokoena,
married in community of property to each other,
are the registered owners of Erf 52 Dawnville.
They executed a joint will at Dawnville on 20
October 2006. The following appears from the
will:
5.
How do you prove to a registrar of deeds that a person
has died intestate?
[1]
[23]
6.
7.
that the survivor is entitled to a usufruct
over the property
there is massing
their children are the heirs
ANSWER
The survivor did not repudiate the will.
Chapter 7 - Estate Transfers
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David died on 20 December 2010. The testators’
eldest son, John, was appointed as executor. He
accepted the appointment.
five thousand hectares, with Ethel’s consent to
Sun Wild Life Safaries Limited for
R10 000 000,00 on 15 April 1998. * In the
agreement of sale it is agreed that the farm
Lisbon will be subject to a servitude of right of
way in general terms in favour of the farm
London which is registered in the name of Amos
and Ethel Cohen.
Draw the power of attorney to transfer the
property to the heirs. David was survived by his
wife, son and two daughters. Provide all further
particulars that may be required to complete the
power of attorney.
Before transfer takes place, Ethel dies. In terms
of the joint will of Amos and Ethel Cohen their
auditor, Henry Smith, is appointed as executor in
the estate of the first dying. Henry Smith
accepted the appointment.
It is expected that candidates will provide the
power of attorney with a properly drawn causa
from the facts available above. The power of
attorney need not be provided with the usual
“general causa”.
(18)
11.2
You as conveyancer have signed the preparing
clause on the power of attorney. Discuss what
your responsibilities are regarding the executor
who signed the power of attorney.
(3)
11.3
Is any transfer duty payable? Discuss briefly. (2)
Draw the power of attorney to pass transfer of
the property to the purchaser. Supply all further
details that may be required to complete the
power of attorney in order to give effect to the
agreement of sale as will be required by the
Registrar of Deeds.
[25]
6.2
Question 10 (Part 1) May 2009
[25]
John Fourie, born on the 25th of December 1950, is the
registered owner of Unit 6 in the sectional title scheme
Balule. The sectional plan was registered under number
SS482/1978.
Amos bought the farm in 1962 for R20 000,00
and has used it since as a getaway for his family
and friends. Amos is an attorney and as such is
registered as a vendor for the purpose of VAT.
Discuss briefly whether transfer duty or VAT is
payable in respect of this transaction, and state
the amount of whichever form of tax is payable.
[6]
John inherited the property from his mother, subject to a
fideicommissum in favour of his children and the
condition that the inheritance of an heir will be excluded
from the community of property of any marriage an heir
may enter into.
6.3
Describe the transferor in the divesting clause of
the deed of transfer to the purchaser.
[4]
* The purchase date of 15 April 1998 is out dated.
John died on the 15th of March 2008 and is survived by
two children, Simon born in 1975, unmarried who was
sequestrated in 2003 and Faith, born in 1977, married in
community of property to Arthur Powers.
Exactly the same question (word for word the same)
was asked in Question 2 (Part 1) September 2005 for
34 marks and before that in Question 1 (Part 1) May
1998 for 34 marks.
The property was registered in John’s name in 1980 and
is held by the original certificate of registered sectional
title which was endorsed to reflect John as owner.
However, Question 2 (Part 1) September 2005, was
better in the sense that the examiners remembered to
change the purchase date to 15 April 2005, whereas
the purchase date in the 2007 paper was still the old
date of 15 April 1998.
John’s brother, Athol, has been appointed executor in his
estate.
10.1
10.2
Draw the power of attorney to pass transfer,
providing your own further details to complete
your answer.
[20]
List the documents to be lodged with the deed of
transfer.
[5]
Question 6 (Part 1) September 2007
6.1
See Example 7 P for a 30 mark question.
Question 6 (Part 1) May 2007
On 2 February 1988 Jan Smalberger sold Erf 121
Seaview to Gert Pienaar for R30 800,00. Jan
Smalberger died on 2 January 1994. He was survived by
his wife, Hester Smalberger, to whom he was married in
community of property.
[35]
Amos Cohen, married in community of property
to Ethel Cohen, sold their farm Lisbon, in extent
Chapter 7 - Estate Transfers
[20]
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In the course of administering the estate, his Executor
(his attorney) discovered that, although the purchase
price was duly paid, transfer has not yet been registered.
2.2
Gert Pienaar’s wife, Johanna Pienaar, to whom he was
married in community of property, passed away on 28
September 1989. Gert is presently a widower.
Portion 1 of the farm Digger’s Rest, Registration
Division J.Q. The Province of Gauteng
Measuring 15,8121 (fifteen comma eight one two
one) hectares,
In terms of the deed of sale a right of habitatio for life
was reserved in favour of Jan Smalberger and his wife,
Hester.
6.1
6.2
As will appear from the annexed diagram SG No
A 245/1974 and held by Deed of Transfer No T
289/1974.
Prepare the Power of Attorney to pass transfer.
The exceptions to section 21 of Act 47 of 1937
are not applicable.
[15]
2.2.1
Draw the extending clause as it will appear in the
deed of transfer from Sarel Retief’s estate to
Susan Retief; and
(2)
List separately the documents to be lodged in
the Deeds Office and those to be retained in
your file.
[5]
2.2.2
draw the extending clause in the deed of transfer
from Susan Retief to her son, Stefanus.
(1)
2.3
Is any transfer duty payable in respect of any
one (or both) of the transfers contemplated in
2.1.1 and 2.1.2 above?
(1)
2.4
Will the power of attorney in each of the above
transfers require any endorsements or
certificates and, if so, what endorsement/s or
certificate/s?
(2)
2.5
What documents and deeds, other than the new
deed of transfer, will you be required to lodge in
a Deeds Registry for the registration of the
transfer contemplated in 2.1.1 above?
(3)
Paragraph 5.6 - The deed of transfer relating to
estate transfers
iii
See Example “7 H” of your example bundle
Paragraphs 1 to 5.6 - Questions which are a
mixture of all the above mentioned work
Question 2 (Part 1) May 2011
2.1
2.1.1
2.1.2
The property description and the extending
clause in Sarel Retief’s title deed, Deed of
Transfer No T 1483/1985 is as follows:
[20]
Draw the causa and vesting clause of a deed of
transfer in the following instances, commencing
with the words “And, the appearer declared that
......”, providing your own further particulars
where required:
The exact same question was asked in Question 3
(Part 1) September 2007 for 20 marks
Question 8 (Part 2) September 1997
A farm property is registered in the name of
Sarel Retief, unmarried, who thereafter married
Susan out of community of property. Sarel Retief
died on 15 March 2010 and in his will, which was
signed at Bergville on 31 May 2005, he
bequeathed his entire estate to his wife subject
to the condition that, on her death, such
inheritance must devolve on their son, Stefanus.
The inheritance is excluded from the community
of property of any marriage which any heir may
conclude and the marital power. Sarel was
survived by his wife and son.
(7)
A and B were married in community of property. In their
joint will they massed their estates and bequeathed their
massed estates to their four unmarried children subject
to a usufruct in favour of the surviving spouse. The
surviving spouse repudiated.
Who is entitled to the testators’ immovable property and
what will the transferees’ shareholding be? Discuss how
you will deal with the usufruct.
[6]
ANSWER
The surviving spouse is entitled solely to her half share in
the joint estate. That is the half share which she owes
in terms of the marriage in community of property. The
half share of the deceased spouse must be transferred
to the four children in undivided shares (1/8th share
each). The surviving spouse by repudiation of the will, is
Susan Retief has taken transfer of the property
as set out in 2.1.1 above. She no longer requires
to live on the property inherited and instructs you
to transfer the property to her son, Stefanus,
who is married in community of property to MaryAnne.
(4)
Chapter 7 - Estate Transfers
[6]
10
Centre for Conveyancing Practice - 2013
not entitled to derive any benefit from it and is not entitled
to the usufruct which now falls away.
Act is also required. Contrary to 1 above,
transfer duty is indeed due, because he did not
inherit her half share, but he purchased it.
(See the estate concepts discussed on pages 2 to 3 of
this chapter.)
Question 11.1 & 11.2 (Part 2) September 1997
11.1
11.2
Paragraph 6.1 - Section 45(1) Endorsement
[4]
iii
When may a mortgage bond be registered in
favour of the estate of a deceased person?
[2]
Question 6 (Part 1) May 2012
When heirs enter into a redistribution agreement
it is permissible for an heir to introduce movables
to equalise the redistribution. In which Act will
you find the authority for this statement?
[2]
[30]
Under Deed of Transfer No T100/2000 the property
described as Erf 35 Douglasville, measuring 2 000
square metres, is registered in the names of Albert Loots
and Yvonne Loots, married in community of property to
each other. The property is free of mortgage.
ANSWER
11.1
a)
On 1 March 2000 the spouses executed a joint will in
which they:
When provision is made therefore in the
will; and
it is necessary for the speedy winding of
the deceased estate.
1.1
massed their estate;
1.2
bequeathed the whole of the massed estate to
the survivor of them subject to the stipulation
that on the death of the survivor, the remainder
of the joint estate is to devolve upon the children
born of the marriage, in equal shares;
A piece of land is registered under a 1990 title in the
name of Louis Nel. He was married in community of
property to Zoe Nel, who died three months ago.
1.3
provided that the community of property of any
marriage an heir may have entered into or may
enter into, shall be excluded.
How will you confer ownership of Zoe’s half-share in the
property upon Louis, where he has acquired such halfshare under the following circumstance. In each of the
following situations, provide brief reasons for your
answers and indicate whether transfer duty will be
payable in either of the circumstances.
Yvonne Loots died on 3 January 2008. An Attorney,
Peter Fourie, has been appointed as the Executor. Albert
Loots adiated under the mutual will. Yvonne Loots is
survived by the following children, born of her marriage
to Albert Loots:
b)
11.2
Yes, it is permissible - Section 14(1)(b)(iv) of the
Deeds Registries Act.
Question 6 (Part 2) September 1997
[6]
(a)
Roberta Smith, who married Louis Smith in
community of Property. Louis Smith’s estate was
finally sequestrated in February 2005 and he has
not been rehabilitated.
(b)
John Loots, a son, born on 11 March 1985. He
has not been issued with an identity document
and has been declared a mental patient.
(c)
Adam Loots, a son, born on 12 November 1981,
is unmarried and his identity number is reflected
as 810912 5054 08 1 in his identity document.
An application in terms of section 45(1) of the
Deeds Registries Act should be brought as it is
most cost effective. No transfer duty is payable.
6.1
As in 1a above, a transfer in terms of section
45(1) of the Deeds Registries Act may be
effected as the section refers to acquisition by
surviving spouse. A master's endorsement in
terms of section 42(2) Administration of Estates
Draw the document necessary to vest the
property in the name of the person/s entitled
thereto. “Document” does not include a deed.
(10)
6.2
List all the other documents and certificates
which you will lodge in the Deeds Offices to
effect registration.
(10)
a)
Louis has taken over his late wife’s half-share
with the consent of the Master in terms of
section 38 of Act No 66 of 1965;
b)
Louis has purchased his late wife’s half-share
from her estate (she having bequeathed her
whole estate to her son). The Master has
approved the sale.
[6]
ANSWER
a)
b)
Chapter 7 - Estate Transfers
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Centre for Conveyancing Practice - 2013
6.3
in my capacity as executor in the estate of the
Late John James, acting herein under Letters of
Executorship No. 1540/2002 dated 15 December
2002 issued by the Master of the High Court
KwaZulu-Natal, Pietermaritzburg
and
in my capacity as surviving spouse
do hereby apply to the Registrar of Deeds at
Pietermaritzburg, in terms of section 45(1) of the Deeds
Registries Act 47 of 1939 for an endorsement of the
under-mentioned title deed, holding Erf 2151 Kloof
Registration Division FU, Province of KwazuluNatal
IN EXTENT 700 (seven hundred) Square Metres
Assume that, in the situation set out above,
ALBERT LOOTS has elected to renounce the
benefits of the joint will. Describe the transferees
in the vesting clause of the deed of transfer as
well as the property up to and including the
extent thereof.
(10)
Question 8 (Part 1) September 2008
[15]
Mr John Black, married in community of property to Mrs
Jean Black, died on the 20th March, 2008 and left a Will
signed at Bloemfontein dated the 10th March 2007, in
terms whereof he bequeathed his entire estate to his
wife, subject to certain conditions of the Will excluding
the inheritance from any future marriage by his wife.
Held under Deed of Transfer T2001/1999
Certain fixed property known as Erf 66 Bloemfontein,
valued at R300 000,00 was amongst the assets.
WHEREAS John James died testate on the 1st
November 2002
Mr Jean Black was appointed as Executrix in terms of
Letters of Executorship issued by the Master of the High
Court at Bloemfontein on 2nd April 2008.
AND WHEREAS I am entitled to the property hereby
conveyed as follows <
one half share by virtue of the condition of the
Last Will and Testament of the late John James
dated 13 September 1989, and
<
the remaining half share by virtue of the said
marriage in community of property
Neither the deceased nor his estate was registered for
VAT.
8.1
8.2
Draw the necessary document in terms whereof
the property is transferred to Mrs Jean Black.
Use fictitious information where necessary. [10]
What documents are to be lodged
simultaneously in the Deeds Office.
Question 6 (Part 1) July 2004
NOW THEREFORE, I apply for the endorsement of the
said title deed to the effect that I am entitled to deal with
the aforesaid property as if I had taken formal transfer
into my name of the half share of the late John James.
[5]
[25]
SIGNED at DURBAN on this 21st day of January 2004.
John James who was married in Community of Property
to Mary James died testate on the 1st November 2002.
In terms of his Last Will and Testament dated 13th
September 1989 he bequeathed his property Erf 2151
Kloof to his wife Mary James. A bond of R320 000,00
has been registered over the property in favour of ABSA
Bank. Mary James requires you to transfer the property
into her name and simultaneously to deal with the Bond.
The sum of R200 000,00 is still owing on the Bond. She
does not want you to cancel the Bond.
M James
Prepared by me
Form T
Application and consent
in terms of section 45(2) of the Deeds Registries Act
47 of 1937
Draw the necessary documents for lodgement in the
Deeds Office.
ANSWER -
I, the undersigned
Mary James
Identity Number 590124 0004 078
Unmarried
the surviving spouse of the late John James and the
mortgager under Mortgage Bond B1022/1999 passed by
me and my late spouse in favour of
ABSA Bank Ltd
1930/000245/06
Prepared by me
CONVEYANCER
Le Roux GJ
Application in terms of section 45(1)
of the Deeds Registries Act 47 of 1937
I, the undersigned,
Mary James
Chapter 7 - Estate Transfers
CONVEYANCER
Le Roux GJ
12
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for the sum of R350,000.00 (three hundred and fifty
thousand Rand) do hereby:(a)
consent to the release of the estate of my said
late spouse from liability under the said Bond;
(b)
assume full liability for all indebtedness under
the said Bond; and
(c)
consent to the substitution of myself as the sole
debtor in respect of the said Bond; and
children or the survivor of them and, failing such survivor
also, to a named charity organisation.
Grant Strong has been appointed by the Master as the
executor of Brian’s estate. There is enough cash in the
estate to cover all liabilities and administration costs.
2.1
Draw the document required to deal with the
bond in the light of the facts mentioned above
and list any supporting document(s) and
Certificate(s) which, apart from the bond itself
would have to be lodged in the Deeds Office. In
respect of each supporting document or
certificate indicate very briefly what purpose it is
intended to serve. Note that you will be penalised
for listing superfluous documents.
(15)
2.2
Six months after the transaction referred to
above has been registered, Angela Botha repays
R75,000.00 of her capital indebtedness under
the bond. She would like the payment to be
recorded against the bond. Draw the necessary
consent.
(10)
I, Mark Visser, in my capacity as duly authorised Agent
of
ABSA Bank Limited
1930/000245/06
the legal holder of the aforementioned bond, do hereby
consent to the release, assumption of liability and
substitution of debtor as aforesaid.
Signed at Pietermaritzburg on this 21ST day of January
2004.
AS WITNESSES:
1.
M James
2.
Question 3 (Part 1) May 2011
AS WITNESSES:
1.
John Smith, a bachelor, died on 4 July 2010. In his will
dated 10 August 2008 he bequeathed his entire estate to
Sue Smith, Joan Smith and David Smith, who are the
children of his brother, Peter. He appointed Peter Higgs
as executor.
M Visser
2.
John Smith provided in his will that, should any of his
heirs not have reached the age of 21 years, the
inheritance of such heir must be held in trust by his
trustees until such heir has reached the age of 21 years.
He appointed Best Bank as trustee in his estate.
Paragraph 6.4 - Section 40(1)(b) Endorsement
iii
Question 2 (Part 1) May 2012
Question 7 (Part 1) May 2003
[25] &
Sue was born on 23 September 1995. Joan was born on
16 December 1998 and David on 1 January 2001. They
are all unmarried.
Brian Strong, a divorcee, is the mortgagee under
Mortgage Bond B8642/2009, passed in his favour by
Angela Botha, Identity No. 500503 3020 08 1, a widow,
for R200 000,00 together with the further amount of
R50 000,00 to secure contingent costs and payments.
The bond operates as a first mortgage over Erf 1004
Eshowe and the amount of the loan secured by the bond
is still owing.
Draw the document that will be required by a
registrar of deeds to divest the estate of the late
John Smith of Section 3 in the sectional title scheme
“Hellfire” measuring 80 square metres, which is
registered in the name of the late John Smith by
Deed of Transfer ST 3333/1981. Provide your own
further details.
Brian Strong died on 18 December 2009. In his Will
dated 11 July 2000, which the master has accepted, he
bequeathed his whole estate to his trustee (who is his
brother Grant Strong) in trust. The trustee is to have the
usual powers of investment and to utilise the income
from the trust assets for the maintenance, education and
general advancement in life of the deceased’s children.
Merle and Andrew Strong, now respectively aged 15 and
13 years. The trust is to terminate once the youngest of
these children attains the age of 21 years. The trust
assets are then to be distributed equally amongst the two
Chapter 7 - Estate Transfers
[15]
Question 13 (Part 2) May 2009
and
Question 25 (Part 2) September 2007
[2]
[2]
Must a rates clearance certificate be lodged when
application is made in terms of section 40 of the
Administration of Estates Act No. 66 of 1965? Motivate
your answer.
13
Centre for Conveyancing Practice - 2013
Question 3 (Part 1) May 2006
Executor
[10]
2.
Peter Jansen, a bachelor, died on 21 June 2005. In his
Will he bequeathed his entire estate to Sue Jansen, Joan
Jansen and David Jansen, who are the children of his
brother, Alfred Peter Jansen, who provided in his Will
that, should any of his heirs not have reached the age of
21 years, the inheritance of such heir must be held in
Trust by his administrator until such heir has reached the
age of 21 years, the inheritance of such heir must be
held in Trust by his administrator until such heir has
reached the age of 21 years. Sue was born on 23
September 1986 and is married out of community of
property to William Brown. Joan was born on 16
December 1990 and David was born on 1 January 1988
and both are not married.
Question 12 (Part 1) May 2005
In terms of his Will, ALAN WOOD, who was married in
community of property to ELIZABETH WOOD,
bequeathed the property describe as Erf 1022 Tongaat
Township to his two Trustees, namely Thomas Jones
and Arthur Wood, who are to hold the property in trust for
his two minor children aged 15 and 13 until the younger
child turns twenty-one.
Draw the document to enable effect to be given to the
terms of the Will.
ANSWER -
Prepared by me
Draw the document that will be required to deal with Erf
121 Douglas, measuring 2000 square metres, which is
registered in the name of the late Peter Jansen by Deed
of Transfer No T1718/1980.
ANSWER -
[10]
Conveyancer
Frantzen E
Application in terms of section 40(1)(b)
of Act No. 66 of 1965
Prepared by me
CONVEYANCER
Le Roux GJ
We, the undersigned
Thomas Jones and Arthur Wood
in our capacities as the Executors of the Estate
of the late Alan Wood, duly authorised thereto by
virtue of letters of Executorship No. 5009/2005
issued by the Master of the High Court KwaZulu-Natal, Pietermaritzburg, dated 12 March
2005
hereby apply to the registrar of deeds at Pietermaritzburg
for the endorsement of Deed of Transfer No.
T123456/1980 in terms of section 40(1)(b) of Act No. 66
of 1965 to the effect that the immovable property
described therein shall be administered on behalf of the
beneficiaries by the trustees appointed in terms of the
will dated 18 March 1988 of the late Alan Wood, in
respect of the following property namely:
1/2 (one half) share in and to 8
Erf 1022 Tongaat township
Registration Division H.S., Province of Kwa-Zulu
Natal
Measuring: 2095 (two thousand and ninety five)
square metres
Application in terms of Section 40(1)(b)
of the Administration of Estates Act, 66 of 1965
I the undersigned,
Adriaan Boshoff
in my capacity as executor in the estate of the
late Peter Jansen, acting by virtue of Letters of
Executorship No 123/2005 issued by the Master
of the High Court North Gauteng, Pretoria on 15
November 2005
do hereby apply to the Registrar of Deeds at Pretoria for
the endorsement of Deed of Transfer No T1718/1980 in
terms of Section 40(1)(b) of the Administration of Estates
Act, 66 of 1965 in respect of the following property
Erf 121 Douglas Township
Registration Division I.T., Province of
Mpumalanga
Measuring: 2000 (two thousand) Square Metres
Signed at Durban this 11 May 2005.
to the effect that the stipulations of the will of the late
Peter Jansen, dated at Pretoria on 16 November 1680,
shall be applied to the said title deed to the effect that the
abovementioned property shall be administered by the
trustees appointed in terms of the stipulations of the
abovementioned will.
As Witnesses:
1.
T Jones
2.
A Wood
Signed at Hazyview on 10 May 2006
As Witnesses:
1.
Chapter 7 - Estate Transfers
8
14
The endorsement only pertains to the half
share of the deceased.
Centre for Conveyancing Practice - 2013
Question 1 (Part 2) September 2002
Can a representative appointed in terms of section 18(3)
of the Administration of Estates Act No. 66/1965 donate
immovable property? Motivate your answer.
[4]
John Smith, a widower, dies and provides in his will for
his estate to be administered by a trustee.
[4]
Question 11 (Part 2) May 2006
List the documents to be lodged as well as any
certificates you are required to submit to the
Registrar of Deeds to have immovable property
transferred to the trustee.
A bond which is an asset in a joint estate is bequeathed
to the deceased’s son. How would you deal with the
bond so as to give effect to the will and who would sign
the necessary documentation? Is a Section 42(1) of the
Administration of Estates Act 66 of 1965 certificate
necessary? Motivate your answer.
ANSWER
1
Application in terms of section 40(1)(b) of the
Administration of Estates Act
2
Title deed
3
Copy of the will, certified and endorsed as
accepted by the Master
4
Section 42(1) conveyancer certificate.
ANSWER Cession of bond by executor without the need of
assistance from surviving spouse. No section 42(1)
certificate is necessary as this section only applies to
immovable property and a mortgage bond is movable.
Paragraph 7.7 - Restriction on alienation
Question 16 (Part 2) May 2006
iii
Question 3.4 (Part 2) May 2005
(was part of question 3, dealing mainly with
insolvency, counting 10 marks)
3.4
[1]
16.1
16.2
(See the answer to the question below.)
Can a minor pass a mortgage bond:
11.1
for an amount of R80 000,00;
11.2
for an amount of R150 000,00?
[9]
John and Jane Pillay were married in community of
property to each other. In terms of their joint will Kevin
Chetty was appointed Executor in their Estate. John
Pillay died and the immovable property was sold to pay
the debts of the Joint Estate.
Can a minor purchase immovable property for
R90 000,0 and register a mortgage bond for
R90 000,00 in payment thereof?
[1]
Question 11 (Part 2) September 2004
[3]
Describe the transferor in the Power of Attorney.
[3]
List the documents required to be lodged in
respect of the above transfer.
[6]
ANSWER -
[4]
16.1
[2]
[2]
Discuss briefly.
ANSWER -
I, the undersigned,
Kevin Chetty, in my capacity as executor in the
Estate of the late John Pillay, Estate Number
1942/1999, duly authorised hereto by virtue of
Letters of Executorship issued by the Master of
the High Court North Gauteng, Pretoria, dated
[3]
21 January 20069
16.2
16.2.1 Deed of Transfer
16.2.2 Title deed
16.2.3 Power of Attorney (duly endorsed by the
Master in terms of section 42(2) of the
Administration of Estates Act 66 of
16.2.4 Transfer duty receipt
16.2.5 Rates clearance certificate
Yes, a minor duly assisted by his natural
father/mother/guardian:11.1
can pass a mortgage bond below R100,000 only
if the Master of the High Court has consented
thereto; and
[2]
11.2
in the event of the mortgage bond exceeding
the amount of R100,000.00 the High Court has
to sanction the registration of the bond.
[2]
General questions on various aspects of the
whole chapter
9
Question 24 (Part 2) September 2007
Chapter 7 - Estate Transfers
[2]
15
Only the executor signs the power of
attorney, as one of the exceptions in section
21 of the Deeds Registries Act is applicable.
Centre for Conveyancing Practice - 2013
16.2.6 Certificate by executor or conveyancer to the
effect that the property was sold to pay the debt
of the joint estate.
[6]
Question 2 (Part 2) May 2005
2.1.2
The Master of the High Court must endorse the
power of attorney in terms of Section 42(2) of the
Administration of Estates Act to confirm that he
has consented to the sale.
2.2.1
The executor and the surviving spouse.
2.2.2
No. In terms of Section 42(1) of the
Administration of Estates Act a certificate must
be lodged by a conveyancer. The certificate
certifies that the transfer is in accordance with
the will of the deceased and that the liquidation
and distribution account has lain for inspection
and that no objections thereto were received.
2.2.3
By way of notarial cession.
2.2.4
Transfer duty will be payable on the half share in
the property which is registered in the name of
the surviving spouse. The value of the usufruct
must be calculated and deducted from the value
of the property. The transfer duty will be
calculated on the value of the bare dominium.
[15]
A and B were married out of community of property when
A died on 15 March 2003.
A and B are the joint owners of Erf 111 in the township
Napier. In their joint will they appointed attorney C as the
executor in the estate of the first dying.
2.1
A and B sold the property before A died but the
transfer was not yet registered at the date of A’s
death.
2.1.1
Who must sign the power of attorney to pass
transfer of the property to the purchaser?
[2]
2.1.2
The power of attorney requires to be endorsed
before the documents are lodged for registration.
Who must affix the endorsement and what is the
nature thereof?
[2]
2.2
In their will A and B massed their estates and
bequeathed the property to their only child
subject to a usufruct over the property in favour
of the surviving spouse.
2.2.1
Who must sign the power of attorney to pass
transfer of the property?
[2]
2.2.2
Must the power of attorney be endorsed before
the documents are lodged for registration. What
certificate must be lodged with the transfer
documents and what is the nature thereof?
[4]
2.2.3
How will the usufruct be registered in the name
of the surviving spouse?
[2]
2.2.4
Discuss the transfer duty implications and
describe how the transfer duty will be calculated.
The value of the property is R300 000,00. [3]
ANSWER 2.1.1
The executor and the surviving spouse.
Chapter 7 - Estate Transfers
16
Centre for Conveyancing Practice - 2013