Registrars' Conference Resolutions - Centre for Conveyancing ...

28Paragraph 6.1Section 45(1) endorsementConditions of willQuestion Should the application in terms of section 45 be made subject to the conditionsof the will, if any, in extenso (extensively) or is a mere reference to the conditionsufficient?Resolution No. A brief reference to the conditions of the will is acceptable -(RCR14/2006).Paragraphs 6.2 & 6.3Sections 39(2) and 39(3) endorsementsApplication of endorsements to section 18(3) estatesQuestion Does Conference agree that it is not possible to apply for section 39(2) and (3) ofthe Administration of Estates Act endorsements on a title deed where the estateis administered in terms of section 18(3) of the Administration of Estates Act 66of 1965?Resolution It is not permissible. The provisions of sections 39(2) and (3) of Act 66 of 1965only refer to the executor. However, should the Master give a directive thatundue hardship exists, or that there are unascertained heirs in a section 18(3)estate, and requests the registrar of deeds to apply similar provisions asprovided for in the above section 39, registrars will give effect to such directive -(RCR51/2009).Application in terms of section 39(3) of the Administration of Estates Act No. 66 of 1965,where property is attachedQuestion Is the registration of an application in terms of section 39(3) of Act No. 66 of1965 allowed when the property is attached?Resolution Yes, as section 39(3) of Act No. 66 of 1965 is not an act of registration –RCR44/2012).Paragraph 6.4Section 40 endorsementRates clearance certificateQuestion Must a rates clearance certificate be insisted upon when application is made interms of section 40 of the Administration of Estates Act?Resolution No. In terms of the wording of section 118 of the Local Government MunicipalSystems Act 32 of 2000 a rates clearance certificate must be insisted upon withthe transfer of property. Section 40 does not constitute a transfer of property -(RCR39/2005).Termination of mortis causa trust before endorsement is effectedQuestion 1) Where a mortis causa trust has terminated, prior to the endorsement interms of section 40 being effected, can the land be transferred directlyinto the names of the beneficiaries, provided the causa of the transferdiscloses the full facts?2) Furthermore, may such beneficiaries enter into a redistributionagreement?Resolution 1) Yes.February 2013Self-Study Deeds Course