LPL4804 Assignment 1 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED

LPL4804 Assignment 1 (DETAILED ANSWERS) Semester 2 2025 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references.... 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 property to Josie? Support and explain your answer. (4)