,LPL4804 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2025 - DUE 18 August
2025
Question 1 – Vesting Clauses
(a) A partnership where at least one partner is married in
community of property
In conveyancing, partnerships are not separate legal persons,
so the vesting must list all partners individually, with marital
status and identity details.
Example clause:
"ABC Property Investments, a partnership consisting of John
Smith, identity number 720101 5009 087, married in
community of property to Mary Smith, and Peter Brown,
identity number 750505 5089 082, unmarried, both major
males, conducting business at 15 Market Street,
Johannesburg, Gauteng Province."
(b) A person who does not have a valid identity document
Where no valid ID is available, the clause must state "identity
number unknown" and provide alternative identifying details
such as date of birth.
Example clause:
, "Michael James, identity number unknown, born on 12 March
1980, South African citizen, unmarried, residing at 45 Oak
Avenue, Durban, KwaZulu-Natal Province."
(c) A trust
Trusts vesting clauses must name the trust, its registration
number (Master’s Office), and the trustees.
Example clause:
"The Smith Family Trust, registration number IT1234/2015,
duly represented by its trustees, John Smith, identity number
700505 5009 088, married out of community of property, and
Jane Smith, identity number 720202 0080 082, married out of
community of property, both residing at 8 Willow Lane,
Pretoria, Gauteng Province."
Question 2 – Signing Power of Attorney to Pass Transfer
2.1 Jane inherits the family home in terms of John’s will
Who signs: The executor of the deceased estate.
Reason: Upon death, ownership of the property vests in the
heirs only after transfer is passed from the deceased’s estate.
The executor, appointed by the Master of the High Court, has
authority to sign the power of attorney to pass transfer to the
heir.
ANSWERS) Semester 2 2025 - DUE 18 August
2025
Question 1 – Vesting Clauses
(a) A partnership where at least one partner is married in
community of property
In conveyancing, partnerships are not separate legal persons,
so the vesting must list all partners individually, with marital
status and identity details.
Example clause:
"ABC Property Investments, a partnership consisting of John
Smith, identity number 720101 5009 087, married in
community of property to Mary Smith, and Peter Brown,
identity number 750505 5089 082, unmarried, both major
males, conducting business at 15 Market Street,
Johannesburg, Gauteng Province."
(b) A person who does not have a valid identity document
Where no valid ID is available, the clause must state "identity
number unknown" and provide alternative identifying details
such as date of birth.
Example clause:
, "Michael James, identity number unknown, born on 12 March
1980, South African citizen, unmarried, residing at 45 Oak
Avenue, Durban, KwaZulu-Natal Province."
(c) A trust
Trusts vesting clauses must name the trust, its registration
number (Master’s Office), and the trustees.
Example clause:
"The Smith Family Trust, registration number IT1234/2015,
duly represented by its trustees, John Smith, identity number
700505 5009 088, married out of community of property, and
Jane Smith, identity number 720202 0080 082, married out of
community of property, both residing at 8 Willow Lane,
Pretoria, Gauteng Province."
Question 2 – Signing Power of Attorney to Pass Transfer
2.1 Jane inherits the family home in terms of John’s will
Who signs: The executor of the deceased estate.
Reason: Upon death, ownership of the property vests in the
heirs only after transfer is passed from the deceased’s estate.
The executor, appointed by the Master of the High Court, has
authority to sign the power of attorney to pass transfer to the
heir.
