LPL4804 Assignment 1
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 18
August 2025
For assistance contact
Email:
, 1. (a) A partnership where at least one of the partners is married in community of
property.
o The vesting clause should read: "... (the full names of the partners), partners
in the firm of (the full name of the partnership), in their capacities as such,
they being married in community of property to (the full names of the
spouses)."
2. (b) A person who does not have a valid identity document.
o The vesting clause should read: "... (full names of the transferee), an adult
male/female, whose identity is not available, as verified by (full names of a
public officer or other person who can verify the identity)."
3. (c) A trust.
o The vesting clause should read: "... (full names of the trustees), in their
capacity as trustees for the time being of the (full name of the trust), under
letters of authority number (the number of the letters of authority) issued by
the Master of the High Court on (the date of issue)."
Estate Transfer
2.1. Power of attorney for transfer to surviving spouse.
• The executor of the deceased estate, John Doe's executor, must sign the power of
attorney. In terms of the Administration of Estates Act 66 of 1965, the executor is the
only person legally authorized to administer and wind up a deceased estate. The
executor's role is to handle all estate assets and liabilities, including the transfer of
property to beneficiaries as per the will. Although Jane Doe is the beneficiary, the
transfer itself is an act performed by the executor on behalf of the deceased estate.
2.2. Power of attorney for public auction to pay creditors.
• The executor of the deceased estate must sign the power of attorney. The executor is
responsible for settling all debts of the estate. If there is not enough cash to cover the
liabilities, the executor has the duty to sell assets to satisfy the creditors. The sale of
the family home, even if it was willed to the surviving spouse, is a necessary action
taken by the executor to fulfill the legal obligations of the estate. The transfer will be
from the deceased estate to the purchaser at the public auction.
2.3. Power of attorney for massed estate with usufruct.
• The power of attorney must be signed by both the surviving spouse, Jane Doe, and
the executor of John Doe’s estate. When a joint will stipulates a massing of the joint
estate, the surviving spouse has a choice to either adiating (accepting the provisions of
(COMPLETE ANSWERS)
Semester 2 2025 - DUE 18
August 2025
For assistance contact
Email:
, 1. (a) A partnership where at least one of the partners is married in community of
property.
o The vesting clause should read: "... (the full names of the partners), partners
in the firm of (the full name of the partnership), in their capacities as such,
they being married in community of property to (the full names of the
spouses)."
2. (b) A person who does not have a valid identity document.
o The vesting clause should read: "... (full names of the transferee), an adult
male/female, whose identity is not available, as verified by (full names of a
public officer or other person who can verify the identity)."
3. (c) A trust.
o The vesting clause should read: "... (full names of the trustees), in their
capacity as trustees for the time being of the (full name of the trust), under
letters of authority number (the number of the letters of authority) issued by
the Master of the High Court on (the date of issue)."
Estate Transfer
2.1. Power of attorney for transfer to surviving spouse.
• The executor of the deceased estate, John Doe's executor, must sign the power of
attorney. In terms of the Administration of Estates Act 66 of 1965, the executor is the
only person legally authorized to administer and wind up a deceased estate. The
executor's role is to handle all estate assets and liabilities, including the transfer of
property to beneficiaries as per the will. Although Jane Doe is the beneficiary, the
transfer itself is an act performed by the executor on behalf of the deceased estate.
2.2. Power of attorney for public auction to pay creditors.
• The executor of the deceased estate must sign the power of attorney. The executor is
responsible for settling all debts of the estate. If there is not enough cash to cover the
liabilities, the executor has the duty to sell assets to satisfy the creditors. The sale of
the family home, even if it was willed to the surviving spouse, is a necessary action
taken by the executor to fulfill the legal obligations of the estate. The transfer will be
from the deceased estate to the purchaser at the public auction.
2.3. Power of attorney for massed estate with usufruct.
• The power of attorney must be signed by both the surviving spouse, Jane Doe, and
the executor of John Doe’s estate. When a joint will stipulates a massing of the joint
estate, the surviving spouse has a choice to either adiating (accepting the provisions of
