ASSIGNMENT 1 SEMESTER 1 2025
UNIQUE NO.
DUE DATE: 2 APRIL 2025
, LPL4805
Assignment 1 Semester 1 2025
Unique Number:
Due Date: 2 April 2025
Notarial Practice
Question 1: Antenuptial Contract Registration
X and Y signed their antenuptial contract while they were on holiday at the Kruger
National Park, and their friend, who is a notary public, was there to witness it. However,
even though the contract was signed, it still needs to be registered to be legally
effective. In South Africa, antenuptial contracts must be registered at the Deeds Office.
This registration must happen within three months from the date the contract was
signed. The registration is crucial because it makes the contract valid against third
parties. In this case, since they signed it while on holiday, they should register it at the
Deeds Office that has jurisdiction over the area where they live or where the notary
public practices. The contract will then be kept on public record, ensuring transparency
and protecting the couple’s agreed financial arrangements.
Question 2: Formal Requirements for a Trust Deed and Trustee
When a trust is created, there are certain legal steps that must be followed before the
trustee can officially act on behalf of the trust. Even though the trust deed has been
signed by both the founder and the trustee in front of a notary public, some additional
formalities are still required:
1. Lodging with the Master of the High Court: The signed trust deed must be
submitted to the Master of the High Court.