Question 1

1.1 In Regulation 44(1) of the Deeds Registries Act 47 of 1937, a notary is competent to
sign the preparation certificate on a power of attorney intended for registration in the
deeds registry. The fact that the preparer is a practising notary must be confirmed by a
practising conveyancer, who must co-sign the preparation certificate

1.2 (i) No, the contract does not need to be in writing to be valid in terms of section 1 of
the formalities in respect of the Leases of Land Act 18 of 1969.

(ii) The contract must contain the following elements: an undertaking by the lessor to
make the land available to the lessee, an agreement that the lessee will have temporary
use and enjoyment of the land and an undertaking by the lessee to pay rent.

(iii) The contract must be executed by a notary and must be in writing. Because only a
part of the land is to be subject to the lease, the land will have to be surveyed and an SG
diagram in respect of that part must accompany the deed of lease when lodged for
registration, together with the consent of the Minister in terms of the Subdivision of
Agricultural Land Act 70 of 1970

1.3 The purpose of authentication is to verify the signature of the signatory of a document,
whereas the certification of a document is aimed at confirming the correct duplication of
the contents of a document.

1.4 Antenuptial contract, long-term lease and the notarial bond.

1.5

Question 2
2.1 If a spouse neglected to place a value on his or her estate in the antenuptial contract,
the spouse may, within six months after conclusion of the marriage, have a statement
attested, in the presence of the other spouse, before a notary. The notary must file the
statement with the antenuptial contract of the parties in his protocol and issue a certified
copy of the statement to the parties, certifying that the original certificate and the
antenuptial contract are in safekeeping in his or her protocol. If the statement is drafted
by another notary than the one who executed the antenuptial contract, the notary must
send the original statement by registered post to the notary in whose protocol the
antenuptial contract is kept.

2.2 (a) If the reservation is in favour of the transferor;

(b) In favour of the transferor and his or her spouse or the survivor of them, if they are
married in community of property; and

(d) In favour of the surviving spouse if transfer is passed by or given from the joint estate
of spouses who were married in community of property.

2.3 The facts that must be mentioned to make bond acceptable for registrations are: full
name of notary, place where executed, date when executed, place where notary practices,
place where the debtor resides, place or places where the debtor conducts his or her
business, name of mortgagee, amount of the bond and the object of security.

Question 3

3.1 The accrual of the estate of a spouse is the growth which the estate of such a spouse
showed during the subsistence of the marriage that is, the difference between the net
value of that estate at the commencement of the marriage and its net value upon
dissolution of the marriage.

3.2 The following assets are left out when calculating the accrual, unless the antenuptial
contract provides for the contrary:
(a) damages received for non-patrimonial loss

(b) inheritance, legacies and donations received from third parties

(c) assets especially excluded from the accrual in the antenuptial contract

(d) donations between the spouses

3.3 Both of the minors must be assisted by a parent or a guardian at the signing of the
antenuptial contract. If the parents or guardians cannot be physically present, a written
consent by the parents or guardians to enter into the antenuptial contract shall suffice.
Without such assistance, the antenuptial contract is void and the resulting marriage would
be in community of property. The contract cannot be ratified after the marriage or the
coming of age of the minors. The registrar has a discretion to dispense with the
requirement that the contract must be signed by two competent witnesses for the purpose
of registration

Question 4

4.1 Trust is a concept of the law whereby a person as a trustee, in accordance with
formulated prescriptions of another person is the owner of the trust assets, subject to the
obligation to apply the assets of the trust exclusively to the benefit of specific beneficiaries
or in order to realise a personal aim.

4.2 The key requirements that a trust must meet are:

1. The founder must have the intention to create a trust.

2. There must be a clear separation between the estate of the founder and the trust assets.

3. The trust assets must be clearly circumscribed, be they movable or immovable,

corporeal or incorporeal.

4. A clear and binding duty to assign the assets to the trust, as well as to allow the trust
to be managed by the trustee, has to be created.
5. The trust must have a clear objective or aim.

6. The purpose of the trust must be legal.

4.3

1. persons who do not have contractual capacity persons who are excluded or disqualified
by the trust document

2. persons (as well as their spouses) who are appointed as trustees in the will and who
have signed the will as witnesses

3. a director of a company as trustee on behalf of the holders of debentures (1)

4. the Master of the High Court in his or her official capacity

Question 5

5.1 In terms of Section 3(1)(p) of the Deeds Registries Act 47 of 1937 authorises the
Registrar of Deeds to register leases over land. The Registrar may not register leases
over movables. The Registrar may thus register long-term and short-term leases, but only
over immovable property

5.2 The notarial bond must be registered in the first deeds registry within three months
after its execution, in the second deeds registry within one month after the expiry of the
first three months and in every subsequent deeds registry within a further period of one
month.