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LPL4804 Assignment 1 2025 | Due 4 April 2025
R50.00
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INSTRUCTIONS
This assessment consists of 1 (one) page. ALL questions are compulsory.
NO late submission will be accepted.
This is NOT a group assignment.
Question 1
John Masupa and Sophie Masupa are married in community of property and own Erf
27 Sunrise Township. John dies and according to his will, all his assets are bequeathed
to Sophie. Sophie is therefore entitled to ½ (one-half) share of the property by virtue of
her marriage in community of property to John, and the other ½ (one-half) share by
virtue of the bequest in John’s will.
1.1. How will you transfer John’s ½ (one-half) share to Sophie other than by way
of deed of transfer?
According to Section 31(1) of the Deeds Registries Act 47 of 1937¹, John’s ½ share in
Erf 27 Sunrise Township can be transferred to Sophie without a deed of transfer by
way of endorsement (annotated transfer)² of the existing title deed. This applies
because Sophie, as the surviving spouse married in community of property³, inherits
John’s ½ share via his will.
¹ Section 31(1) of the Deeds Registries Act 47 of 1937 permits the endorsement of a title deed to reflect changes in
² Section 4(q) of the Transfer Duty Act 40 of 1949 exempts transfers between spouses (or by will) from transfer duty
where the surviving spouse inherits the deceased’s share.
³ Marriage in community of property is governed by the Matrimonial Property Act 88 of 1984, entitling Sophie to an
automatic ½ share of the joint estate.
Process:
Executor’s Role⁴: The executor of John’s estate must lodge a certified copy of the
Letters of Executorship, the death certificate, and the will with the Deeds Office.
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