LPL4804 Assignment 1 Semester 2 2025
Question 1 — Vesting clauses
The vesting clause in a deed describes exactly who is taking transfer and in what
capacity. It must comply with section 3(1)(v) of the DRA and Regulation 18.
(a) Partnership where at least one partner is married in community of property
"ABC PARTNERSHIP, comprising John Smith, married in community of property to
Mary Smith, and Peter Jones, unmarried, trading together in partnership under the
name and style of Smith & Jones Attorneys, the partners herein duly authorised."
Reasoning:
Partnerships are not separate legal persons in SA law, so all partners’ full details
and marital status must be shown (Reg. 18(1)).
If a partner is married in community of property, their spouse’s details must be
disclosed because that spouse has a joint estate interest.
(b) Person without a valid identity document
"Michael Brown, a South African citizen, born on 15 March 1980, passport number
P1234567, issued by the United Kingdom, in lieu of a South African identity document."
Reasoning:
Reg. 18(1) allows other official identification if no SA ID exists.
Must state citizenship, date of birth, and substitute identification (e.g., passport).
, (c) Trust
"XYZ FAMILY TRUST, IT No. 1234/2010, duly represented by its trustees Sarah
Williams and David Williams, acting in terms of the letters of authority issued by the
Master of the High Court, Pretoria, on 12 June 2010."
Reasoning:
Reg. 18(3) requires naming the trust, its registration number, and naming all
acting trustees with reference to the Master’s authority.
[Total: 10 marks — 4+3+3]
Question 2 — Signing of Power of Attorney to Pass Transfer
2.1
Facts: John (married in community of property to Jane) dies. Will leaves family home to
Jane.
Answer:
The executor of John Doe’s deceased estate must sign the power of attorney to pass
transfer.
In terms of s 14(1)(b) of the DRA, transfer from a deceased estate is passed by
the executor appointed by the Master (via Letters of Executorship).
Even though Jane is the heir, she cannot sign for herself as transferor — the
property is registered in the name of the joint estate and must be transferred by
the executor.
Marks breakdown: Reason (1), Reference (1), Correct party (1).
Question 1 — Vesting clauses
The vesting clause in a deed describes exactly who is taking transfer and in what
capacity. It must comply with section 3(1)(v) of the DRA and Regulation 18.
(a) Partnership where at least one partner is married in community of property
"ABC PARTNERSHIP, comprising John Smith, married in community of property to
Mary Smith, and Peter Jones, unmarried, trading together in partnership under the
name and style of Smith & Jones Attorneys, the partners herein duly authorised."
Reasoning:
Partnerships are not separate legal persons in SA law, so all partners’ full details
and marital status must be shown (Reg. 18(1)).
If a partner is married in community of property, their spouse’s details must be
disclosed because that spouse has a joint estate interest.
(b) Person without a valid identity document
"Michael Brown, a South African citizen, born on 15 March 1980, passport number
P1234567, issued by the United Kingdom, in lieu of a South African identity document."
Reasoning:
Reg. 18(1) allows other official identification if no SA ID exists.
Must state citizenship, date of birth, and substitute identification (e.g., passport).
, (c) Trust
"XYZ FAMILY TRUST, IT No. 1234/2010, duly represented by its trustees Sarah
Williams and David Williams, acting in terms of the letters of authority issued by the
Master of the High Court, Pretoria, on 12 June 2010."
Reasoning:
Reg. 18(3) requires naming the trust, its registration number, and naming all
acting trustees with reference to the Master’s authority.
[Total: 10 marks — 4+3+3]
Question 2 — Signing of Power of Attorney to Pass Transfer
2.1
Facts: John (married in community of property to Jane) dies. Will leaves family home to
Jane.
Answer:
The executor of John Doe’s deceased estate must sign the power of attorney to pass
transfer.
In terms of s 14(1)(b) of the DRA, transfer from a deceased estate is passed by
the executor appointed by the Master (via Letters of Executorship).
Even though Jane is the heir, she cannot sign for herself as transferor — the
property is registered in the name of the joint estate and must be transferred by
the executor.
Marks breakdown: Reason (1), Reference (1), Correct party (1).
