Registrars' Conference Resolutions - Centre for Conveyancing ...

Resolution Yes, this is tantamount to alienation of immovable property and the provisions ofsection 80 must be complied with - (RCR51/2006).Entering into a redistribution agreement by a minorQuestion According to a discussion with the Chief Master, the provisions of section 80 ofthe Administration of Estates Act are not applicable to redistribution agreements(entered into by a minor where immovable property belonging to such minorforms the subject of the distribution). 27 Should RCR 48 of 2008 and 11 of 2009no be withdrawn?Resolution Section 80 of the Administration of Estates Act 66 of 1965 does not findapplication. RCR 48/2008 and 11/2009 are hereby withdrawn - (RCR30/2010).Master NoticesQuestionWhere there is a Master’s Notice (interdict) noted that a minor has an interest inproperty and such property is being transferred to any person other than theminor, how must the Master’s Notice be dealt with?Resolution If there is a section 42(2) certificate or consent by the Master, the deeds registrywill purge the Master’s Notice with the understanding that the Master has takennotice of the interest of the minor – (RCR50/2011).CommentWhen a minor is an heir the master will give notice of this fact to the deedsregistry in order to ensure protection of the minor’s interests. However, in somedeeds offices, these notices are not received from the Master any more.30Paragraph 8 MiscellaneousSection 18(3) of the Administration of Estates ActQuestion Can a representative appointed in terms of section 18(3) donate the property?Resolution No. There is no sanction for a representative to donate property in terms of theAdministration of Estates Act No. 66 of 1965 - (RCR38/2005).Question When a representative sells immovable property from the estate he isadministering for a purchase price in excess of R125 000,00, does the onus reston the registrar of deeds to request authorization from the Master to sanctionsuch sale?Resolution Yes. The deeds registry should not allow transfer of immovable property interms of section 18(3) estates without the written approval of the Master - as perinstruction from the Master’s office - (RCR2/2003 and RCR3/2003 are withdrawnby RCR46/2008).Proof of Adiation / RepudiationQuestion Who has the capacity to adiate or repudiate the terms of a joint will, should thesurviving spouse die before exercising such option?Resolution The power to adiate or repudiate vests in the heirs and not the executor - Eysseland Another v Barnes NO and Others (unreported case 3617/1992 (High CourtNPD)) - (RCR29/2008).27The part in italics has been inserted by writer hereof to make the question more clearly, in light of the previousquestion that was asked, the resolution to which question has been withdrawn.February 2013Self-Study Deeds Course