Attorneys, Deceased Estate Practitioners & Conveyancers
Prokureurs, Boedelberedderaars & Aktevervaardigers
Attorneys, Deceased Estate Practitioners & Conveyancers
Prokureurs, Boedelberedderaars & Aktevervaardigers
January 2022
Media statement from Constitutional Court for the Judgement of Bwanya V Master of the High Court and Others. The Judgment focuses on the omissions in Section 1 (1) of the Intestate Succession Act and Section 1 of Maintenance of Surviving Spouses Act. The sections now include surviving partners of a permanent life partnership.
Chief Registrar's Circular No. 1 of 2018 (Downloadable Document)
22 February 2018
Government Gazette Notice 1453 dated the 19th of December 2017 – Government Gazette no. 41344
Following on previous requests for comments from their members, the Pretoria Attorneys’ Association has made an extremely detailed and formal submission to the Chief Registrar of Deeds and the Minister of Rural Development and Land Reform on behalf of our members with respect to the above Notice. The aforesaid Submission is available on the PAA’s website: http://www.ppv.co.za
Notwithstanding the complexity of the matters raised in these submissions, it has become apparent that a decision has already been made to implement the change with respect to the area of Jurisdiction of the Registrar of Deeds in Pretoria as from 1st of April 2018. As set out in the PPA’s extensive submissions and reports to their members, this decision is without merit and will cause great harm to not only Pretoria based conveyancers, but Pretoria based attorneys as a whole, and the aforesaid re-alignment of the boundaries will also have a significant socioeconomic impact, not only on members of profession, but on the City of Tshwane as a whole. The executive committee of the Pretoria Attorneys’ Association has after extensive deliberation and with the approval of a majority of the members of the Executive Committee, taken a decision to review the suggested Re-alignment.
The Pretoria Attorneys’ Association has today instructed Messrs Adams and Adams to launch an urgent application to force the Chief Registrar of Deeds and the Minister of Rural Development and Land Reform to review their decision.
The Executive Committee has also negotiated a reduced fee with the aforesaid Firm, so that the financial impact upon our Association and our members is lessened.
In the case the property is sold by the executor of the deceased estate from the deceased estate directly to a third party purchaser.
The executor signs the agreement of sale on behalf of the deceased estate. The seller can be described as: The Executor in the estate of the Late John Coetzee.
The only person authorized to sign the sale agreement is the executor. The executor must be appointed by the Master of the High Court in terms of a document called a “Letter of Executorship”. In terms of Section 13(1) of the Administration of Estates Act 66 of 1965 a person may not sign an agreement if he/she has not been issued with letter of executorship.
In order to satisfy the requirements of Section 2(1) of the Alienation of Land Act, the Executor must be appointed in writing before he signs the sale agreement. Prior to transfer the Master must issue a certificate in terms of Section 42(2) of the Administration of Deceased Estate Act.
In practice the Master does not issue an actual certificate, rather the Conveyancer submits to the Master the Power of Attorney to pass transfer (to be used in the Deeds Registry) and the Master stamps the Power of Attorney with a stamp that reads:
When application is made to the Master of the High Court for the Section 42(2) certificate, the executor completes and signs an application in terms of Section 42(2). This document contains various questions which when answered enable the Master of the High Court to effect the endorsement.
It is important to note all major heirs must consent to the sale of the property and this consent is submitted to the Master of the High Court with the Section 42(2) application. Prior to selling the property it is thus prudent to ensure there are no objections to the sale from these heirs.
After registration of transfer to the purchaser in the deed office, the proceeds of sale are paid into the deceased estate banking account to be dealt with by the executor.
If a property is sold directly form a deceased estate only additional requirement would be the endorsement by the Master of the High Court. Buyers are sometimes reluctant to buy a property from a deceased estate thinking that the estate has to be finalized before the registration can go through. This is not the case as the sale can be in process as soon as the Letter of Executorship is issued.
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