Registrars' Conference Resolutions - Centre for Conveyancing ...

242/2008 must be amplified to state that in these cases the section 42(2)certificate is not sufficient.Resolution RCR 2 of 2008 is confirmed - (RCR9/2009). 21Selling of deceased person’s property prior to an executor being appointedQuestion A person passed away. After death a family member sells the deceasedperson’s property prior to an executor being appointed. How must the matter bedealt with?Resolution Had the family member purported to act on behalf of the deceased person, suchtransaction is null and void – (RCR66/2010)Paragraph 5.1The causa clause for an inheritanceTestamentary conditionsQuestionWhere immovable property is bequeathed to heirs subject to a certaintestamentary condition for example the exclusion of the community of property,and the heirs enter into a redistribution agreement in terms of which one of theheirs is entitled to the property, must such property as a whole be made subjectto the aforesaid testamentary condition or is the share(s) of the property obtainedin terms of the agreement not subject to such testamentary condition?Resolution The whole of the property must be made subject to the conditions of the will -(RCR27/2006).Paragraph 5.4Supporting documents for estate transfers due to inheritanceProof of intestacyQuestion Can a death notice be accepted, amongst other things, as proof of intestacy?Resolution1 A death notice may be accepted as proof of death but not as proof ofintestacy or proof of descendants and ascendants.2 For proof of heirs, including illegitimate children (children born out of wedlock),an affidavit of next-of-kin must be called for. 22Question Given the fact that a death notice cannot be accepted as proof of intestacy (thata person died without leaving a valid will), what proof should be required?Resolution1 Proof, in the form of an affidavit from the executor / representative, must beinsisted upon.2 However, in the case of a transfer by endorsement in terms of section 45 of theDeeds Registries Act 47 of 1937 a regulation 49(1)(g) certificate from theMaster will be acceptable - (RCR3/2007).Affidavit of next-of-kin as proof of heirsQuestion In RCR7/1997 it was resolved that for proof of any further heirs, (includingchildren born out of wedlock) an affidavit of next-of-kin must be called for. Doesthis mean that an affidavit of next-of-kin must be called for in all cases where the2122The reasoning behind the resolution that a section 42(2) certificate from the Master is sufficient, is that before theMaster will issue a consent in terms of section 42(2), he will require the consent from all the heirs (including thefideicommissary heirs).In RCR7/1997 Conference resolved that a death notice can be accepted, amongst other things, as proof ofintestacy. In RCR28/2006 Conference resolved that a death notice cannot be accepted as proof of intestacy. InRCR5/2007 the latter resolution, 28/2006 was confirmed and RCR29/1996 and RCR7/1997 were withdrawn.February 2013Self-Study Deeds Course