The Redistribution Agreement Must Be Registered With The Registrar Of Deeds
«The interest of a legatee in a will is limited to what has been given to him in the context of this will, and an executor must manage and distribute the estate of a deceased person in strict accordance with the conditions and instructions that may appear in that person`s will.» Creation of reciprocal obligations between heirs in a redistribution agreement Within the meaning of Article 14(1)(b)(iii) of the Act, a redistribution agreement may be concluded between heirs and legatees, including identified and competent heirs and legatees. The executor is not necessarily a party to a redistribution agreement (see RCR 34 of 2005). Redistribution presupposes a modification of the liquidation and distribution account, so that any transfer in the sense of redistribution must be reflected in the liquidation and distribution account, failing which the successive transfers provided for in Article 14 must take effect (RCR 2 of 1952). 7.4 the above-mentioned misrepresentation was made by the first person for the sole purpose of acquiring the deceased`s estate, aware that he was not entitled to it; If the question is affirmative, the redistribution agreement will come. A similar test was also used in Klerck`s case (see discussion above). `If the redistribution agreement is ignored, will there be, irrespective of any movable assets introduced, an allocation of the relevant assets distributed to the contracting party in the agreement?` The estate administrator will appoint a transfer lawyer to transfer the deceased estate to the heirs as soon as the Master of the High Court has accepted the deceased`s will, accept and approve, if any, the first final liquidation and distribution account (L&D account) and confirm that he has not received any objections to the L&D account after the advertisement. It is clear from the wording of Article 14(1)(b)(iii) of the Law that the redistribution agreement relates to all or part of the assets of an estate. As mentioned above, Article 14(1)(b)(iv) penalizes the introduction of movable property which is not part of the deceased`s estate for the purposes of partition compensation. It is therefore clear that all the fixed assets belonging to the redistribution contract must come from the estate of the deceased.
6. Before the transfer, the estate was part of the estate of the late Petrus Moabi Sikoana («the deceased»). The transfer on behalf of the first defendant followed a distribution agreement between the first defendant and the defendants acting in their capacity as heirs to the estate of the deceased. Any redistribution agreement must therefore be verified, as stated above, whether it is not a hidden or concealed gift or a disguised sale. If the latter point is correct, the treaty is inconclusive. The Master must «accept» the redistribution agreement by adding a casual approval (cf. RCR 68 of 2010). The mere fact that the Master has certified the agreement as an authentic copy of the original is not enough. Formative conditions for redistribution agreements Redistribution agreements on fixed assets must not be signed by the parties in front of two witnesses or a representative of the oath. However, when the Agreement is signed outside the borders of the Republic of South Africa, the provisions of Rule 63 of the High Court Rules or the Hague Certification Convention, which provides for the correct certification of documents issued outside the borders of the Republic of South Africa, must be complied with.
In the latter case, personal serfdom may be created in accordance with Article 67 of the Law (cf. RCR 4 of 2004 in conjunction with Ex parte Jooste 1968 (4) SA 437 (O)). . . .