Registrars' Conference Resolutions - Centre for Conveyancing ...

26executor of the estate or must it be a certified copy by the Master of the HighCourt, the so-called “estate power of attorney”?Resolution Yes, an original power of attorney is acceptable, as nothing prohibits theexecutor from appointing someone to do certain things on his/her behalf -(RCR44/2008).Section 14(1)(b)(iii) - Usufructuary party to redistribution agreementQuestion Where property is bequeathed to A and B subject to a usufruct in favour of C,must the usufructuary also be a party to the redistribution agreement between Aand B?Resolution No, unless the usufructuary also redistributes the usufruct - (RCR12/2006).Redistribution agreementsQuestionIt is established practice that: “redistribution agreements are nothing less than acontract (see Bydawell v Chapman NO and Others 1953 (3) SA 514 (A)) andthus all the requirements pertaining to contracts must be complied with”. Deedsare rejected to have the agreements redrawn if the identity numbers and maritalstatus of parties to the agreement have not been included on the agreements. Isthis practice correct?Resolution No, the registrar cannot require the redistribution agreements to be redrawnsolely due to the omission of the identity number and marital status.Documentary evidence may be called for if the identity numbers and maritalstatus of the parties to the agreements are not apparent from the agreement –(RCR52/2010).QuestionResolutionFrom a legal opinion it is evident that a redistribution agreement need not beentered into by the executor. The agreement is only final once the Master hasaccepted such agreement. The following questions emanate from the said legalopinion:a) Must the agreement contain an acceptance endorsement from the Master orwill a certified copy suffice?b) Estates administered in terms of section 18(3) are not advertised andtherefore the agreement is not lodged with the Master. May the originalagreement be accepted as a supporting document by the registrar? In thesame vein may an originally signed affidavit of next-of-kin be accepted forestates administered in terms of section 18(3) of Act 66 of 1965?a) Only a redistribution agreement containing the acceptance certificate bythe Master may be accepted. A certified copy is no acceptable.b) No. Only certified copies by the Master of the redistribution agreement,duly accepted, and certified copies of affidavits of next-if-kin are acceptable –(RCR68/2010).Lodgement of proofQuestion Property is bequeathed to certain persons with the option to transfer it to acompany/close corporation/trust if it is not possible to transfer it to the persons,for example in terms of the provisions of Act 70 of 1970. Is it the responsibility ofthe deeds registry to call for proof that the persons named in the will as heirs arethe members of the close corporation, shareholders of the company orbeneficiaries of the trust created?February 2013Self-Study Deeds Course