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LPL4804 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE 18 August 2025

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LPL4804 Assignment 1 (COMPLETE ANSWERS) Semester 2 2025 - DUE 18 August 2025 Question 1. 1. Draft the vesting clauses for the transferees listed below, as required by the Deeds Registries Act 47 of 1937 and the regulations issued thereunder. You may use your imagination for any missing details: (a). A partnership where at least one of the partners is married in community of property. (4) (b). A person who does not have a valid identity document. (3) (c). A trust. (3) [10] Downloaded by Phuluso Mukwevh () lOMoARcPSD| Question 2. John Doe, who was married in community of property to Jane Doe, has died. Answer the following questions: 2.1. In terms of John Doe’s last will and testament, his surviving spouse Jane Doe inherits the family home. Who must sign the power of attorney to pass transfer of the immovable property? Explain and support your answer. (3) 2.2. In terms of John Doe’s last will and testament, his surviving spouse Jane Doe inherits the family home. There is not enough cash in the estate to pay the estate creditors, thus the executor is obliged to sell the family home by public auction to pay the estate creditors. Who must sign the power of attorney to pass transfer? (3) 2.3. John and Jane Doe’s joint last will and testament stipulates that the joint estate must be merged and dealt with as a massed unit. They will further provide that their daughter, Josie inherits the family home, subject to a usufruct in favour of the surviving spouse, who must sign the power of attorney to pass the transfer of the immovable prope

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,LPL4804 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 18 August
2025
Question 1 – Vesting Clauses
These clauses are the “who” in the deed — they identify the
transferee with the required legal capacity, marital status, and
other particulars as prescribed in Regulation 18 under the Act.


(a) Partnership where at least one partner is married in
community of property (4)
Vesting clause example
“John Smith, Identity Number 650101 5009 085, married in
community of property to Mary Smith, and Peter Jones,
Identity Number 700202 5087 006, unmarried, trading
together in partnership under the name and style of Smith &
Jones Partners, herein represented by themselves.”
Reasoning:
 Regulation 18 requires the full names, ID numbers,
marital status, and capacity.
 Each partner is described individually; mention marriage
in community of property.
 Partnership name is included.

, (b) A person who does not have a valid identity document (3)
Vesting clause example
“Michael Brown, Passport Number AB1234567, issued in the
United Kingdom, unmarried.”
Reasoning:
 If the transferee has no SA ID, Regulation 18(1)(a) allows
passport details (country of issue required).
 State marital status.


(c) A trust (3)
Vesting clause example
“ABC Family Trust, Registration Number IT1234/2020, duly
represented herein by its trustee, Sarah Green, Identity
Number 750303 0123 081, married out of community of
property.”
Reasoning:
 Regulation 18 requires trust name, registration number,
and trustee’s particulars.
 Trustee is described in full with marital status.


Question 2 – Who signs the Power of Attorney to Pass
Transfer?

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