Citations

Question 1

Draft the preamble of the deed of transfer and power of attorney for a deceased estate wherein the surviving spouse is also the executor, married in community of property.

chapters 7 -11

Answer 1

Power of attorney
I, the undersigned
Christopher Andrew Jukes
In my capacity as executor in the estate late of Sameera Malekjee
Estate number : 123/2023
duly appointed by letter of executorship issued by the Master of the High Court, Pretoria on 15 January 2023

And in my personal capacity as surviving spouse of the deceased with whom i was married in community of property

Deed of transfer
Christopher Andrew Jukes in his capacity as surviving spouse and executor in the estate late of Sameera Malekjee
Estate number: 123/2023

You dont include identity numbers for the executor wherein he is the surviving spouse.

Question 2

Describe a Jack Johnson, an unmarred man in the Preamble .

Chapter 4 -15

Answer 2

Jack Johnson
Identity Number : 8601165138089
Unmarried

Question 3

Describe a Marry Johnson, an divorced female who changed her surname back to Adams, in the Preamble.

Chapter 4 - 15

Answer 3

Marry Adam (previously Johnson)
Identity Number : 8601165138089
Unmarried

Question 4

Jack and Mary smith, married out of community of property. Jack buys a house, how must they be described?

Chapter 4 - 16

Answer 4

Jack Smith
Identity Number : 8601165138089
Married out of community of property

Question 5

Jack and Mary smith, married out of community of property, buy a house together, how must they be described?

Chapter 4 - 16

Answer 5

1. Jack Smith
   Identity Number : 8601165138089
   Married out of community of property
2. Mary Smith
   Identity Number : 465465461
   Married out of community of property

Question 6

Jack and Mary smith, married in of community of property, buy a house, how must they be described?

chapter 4- 17

Answer 6

Jack Smith
Identity Number : 8601165138089
and
Mary Smith
Identity Number : 465465461
Married in of community of property to each other

There is no reference to numbers

Question 7

Jack and Mary smith, married in of community of property, sell a house. Only Jack signs, how must he be described?

Reference to Jack being the trnasferor in the Deed of transfer

Chapter 4 - 17

Answer 7

Jack Smith
Identity Number : 8601165138089
Married in of community of property to Mary Smith

Question 8

John and Mary Smith are married in community of property. John inherited a property that is subject to same not be regarded as a part of the community property. How would the citation appear?

Chapter 4 - 19

Answer 8

John Smith
Identity Number
Married in community of property to Mary Smith, with exclusion of the community of property in respect of the property mentioned herein as a result of the stipulations contained in the will of the late Aleen James Gatley, dated 9 October 2020.

Question 9

John and Mary Smith are married in community of property. The High Court decides that the property should be john exclusive property. How would the citation appear?

Chapter 4 - 19

Answer 9

John Smith
Identity Number
Married in community of property to Mary Smith, with exclusion of the community of property in respect of the property mentioned herein in terms of a court order of the High Court, dated 3 March 2023

Question 10

John and Mary Smith are married in community of property. John owns a house with Sally who dies. Sally leaves her half share to john with a condition that Mary cannot receive her share. How would you cite the parties

Chapter 4 -21

Answer 10

1 John Smith
Identity Number
Married in community of property to Mary Smith, with exclusion of the community of property in respect of the property mentioned herein as a result of a condition in the will of Sally Smith, dated 23 May 2023
2 John Smith
Identity number
And
Marry Smith
Identity number
Married in community of Property to each other.

Question 11

John and Mary Smith are married in community of property. John receives a house from sally, which he sells for R1 000 000.00. In terms of Sally’s will, that property must not form part of the joint estate. John and Mary buy a house for R1 500 000.00 and john uses his R1 000 000.00 from the property inherited. How would you cite the parties

Chapter 4 - 22

Answer 11

1 John Smith
Identity Number
Married in community of property to Mary Smith, with exclusion of the community of property in respect of the property mentioned herein as a result of a condition in the will of Sally Smith, dated 23 May 2023
(2/3 share)
2 John Smith
Identity number
And
Marry Smith
Identity number
Married in community of Property to each other.
(1/3 Share)

Question 12

John and Mary Smith are married in terms of Hindu rites. What is their citation?

Chapter 4 - 22

Answer 12

1. John Smith
   Identity number
   Married according to Hindu custom
   And
2. Marry Smith
   Identity number
   Married according to Hindu custom

Question 13

John and Mary Smith are married in terms of Muslim rites. What is their citation?

chapter 4 - 24

Answer 13

1. John Smith
   Identity number
   Married according to Muslim custom
   And
2. Marry Smith
   Identity number
   Married according to Muslim custom

Question 14

John and Mary Smith are married in terms of the laws of Spain. How would you cite john in the preamble of the deed of transfer and vesting clause of deed of transfer?

Chapter 4 - 25

Answer 14

Preamble:
John Smith
Identity Number :
Married to Mary Smith, which marriage is governed by the laws of Spain, duly assisted by his spouse.

Vesting clause
John Smith
Identity Number :
Married to Marry Smith, which married is governed by the laws of Spain.

Question 15

John, Mary and Sam Nkosi are married in terms of a customary marriage before the promulgation of the customary marriage act 120 of 1998. It is a monogmous marriage. How are the described?

chapter 4 - 27

Answer 15

John Nkosi
Identity number :
And
Marry Nkosi
Identity Number :
Married in community of property to each other

Question 16

John, Mary and Sam Nkosi are married in terms of a customary marriage before the promulgation of the customary marriage act 120 of 1998. It is a polygamous marriage. How are the described?

Chapter 4 - 28

Answer 16

John Nkosi
Identity number :
Married under a matrimonial property system governed by customary law, in terms of the recognition of Customary marriage Act 120 of 1998

Question 17

John, Mary and Sam Nkosi are married in terms of a customary marriage after the promulgation of the customary marriage act 120 of 1998. It is a polygamous marriage and the subsequent marriage was provided for in terms of an agreement that was approved by the court.

Chapter 4 - 29

Answer 17

John Nkosi
Identity number :
married, the proprietary consequences of which marriage are governed by an order of court issued in terms of the Recognition of Customary marriages act 120 of 1998

Question 18

John, Mary and Sam Nkosi are married in terms of a customary marriage after the promulgation of the customary marriage act 120 of 1998. It is a polygamous marriage and the subsequent marriage was not provided for in terms of an agreement and no approval from court was given.

Chapter 4 - 30

Answer 18

John Nkosi
Identity number :
And
Mary Nkosi
Identity number :
Married in community of property to each other.
And
John Nkosi
Identity number :
Married in term of customary law.

Question 19

John, Mary and Sam Nkosi are married in terms of a customary marriage after the promulgation of the customary marriage act 120 of 1998. It is a polygamous marriage and the subsequent marriage was not provided for in terms of an agreement that was approved by the court.

How will the new spouse be cited?

Chapter 4 - 30

Answer 19

Sam Nkosi
Identity number :
Married in term of customary law.

Question 20

Marry and sally smith are partners in a civil partnership. How would they be cited?

Chapter 4 - 31

Answer 20

Mary Smith
Identity number :
And
Sally Smith
Identity number :
Partners in a civil partnership in community of property registered in terms of the civil union act 17 of 2006

Question 21

Marry smith and Jack Johnson are partners in the smith and Johnson partnership, how must they be cited.

Chapter 4 - 32

Answer 21

1) Mary Smith
Identity number :
Married out of committee of property
And
2) Jack Johnson
Identity number :
Unmarried
Together carrying on business in partnership as smith and Johnson partnership

Question 22

Draft the citation of person that is represented by an agent in the power of attorney

chapter 4 -35

Answer 22

Christopher Andrew Jukes
In my capacity as authorised agent of
Sameera Malekjee
Identity number
Unmarried
By virtue of a special power of attorney granted to him at camp david on 1 April 2018

Question 23

Draft the citation of person that is represented by an agent in the deed of transfer

chapter 4 -35

Answer 23

Christopher Andrew Jukes
In my capacity as authorised agent of
Sameera Malekjee
Identity number
Unmarried
By virtue of a special power of attorney granted to him at camp david on 1 April 2018