LPL4805 Assignment 1 (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED

LPL4805 Assignment 1 (DETAILED ANSWERS) Semester 1 2026 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references. Which requirements does a notarial bond have to meet to ensure the security benefit that the Security by Means of Movable Property Act 57 of 1993 provides? What is the difference between ante-nuptial contract and post-nuptial contract? Name the facts which have to be stated in a notarial bond in terms of section 61 of the Deeds Act in order to make such bond acceptable for registration. Mary and Joe Jones wish change their matrimonial property dispensation in terms of Section 21 of the Matrimonial Property Act 88 of 1984. What must the parties state in their application to convince the court to grant the order? X, a company with its head office in Cape Town, is the owner of a fleet of delivery vehicles which X uses for carrying on its country wide business as a general dealer. Y, a bank with its head office in Pretoria, has given X an overdraft facility. X offers its vehicles and trading stock to Y as security for payment of the outstanding amount on its overdraft. Y approaches you as a notary for advice. Richard Ewings is the owner of the farm Winkelhaak in Mpumalanga. Richard Ewings wants to bequeath the property to his three children in equal shares. How would you advise Richard Ewings, in terms of the provisions of the Subdivision of Agricultural Land Act 70 of 1970? Substantiate your answer. Mary and Joe Jones wish change their matrimonial property dispensation in terms of Section 21 of the Matrimonial Property Act 88 of 1984. What must the parties state in their application to convince the court to grant the order? Briefly explain with reference to the objects of security what documents you would prepare in order to provide Y with the best possible form of security. Richard Ewings is the owner of the farm Winkelhaak in Mpumalanga. Richard Ewings wants to bequeath the property to his three children in equal shares. How would you advise Richard Ewings, in terms of the provisions of the Subdivision of Agricultural Land Act 70 of 1970? Substantiate your answer. Indicate at what stage these documents will lead to real security in favour of Y. Mary and Joe Jones wish change their matrimonial property dispensation in terms of Section 21 of the Matrimonial Property Act 88 of 1984. What must the parties state in their application to convince the court to grant the order? Where must these documents be registered? Richard Ewings is the owner of the farm Winkelhaak in Mpumalanga. Richard Ewings wants to bequeath the property to his three children in equal shares. How would you advise Richard Ewings, in terms of the provisions of the Subdivision of Agricultural Land Act 70 of 1970? Substantiate your answer. When must these documents be registered? Explain briefly whether a mortgagee enjoys any security under either a general notarial bond or a specific notarial bond. Richard Ewings is the owner of the farm Winkelhaak in Mpumalanga. Richard Ewings wants to bequeath the property to his three children in equal shares. How would you advise Richard Ewings, in terms of the provisions of the Subdivision of Agricultural Land Act 70 of 1970? Substantiate your answer. Name five types of important notarial bonds that you will encounter in practice. Mary and Joe Jones wish change their matrimonial property dispensation in terms of Section 21 of the Matrimonial Property Act 88 of 1984. What must the parties state in their application to convince the court to grant the order? What are the required periods for the registration of a notarial bond in more than one deeds registry? What is the difference between ante-nuptial contract and post-nuptial contract? Richard Ewings is the owner of the farm Winkelhaak in Mpumalanga. Richard Ewings wants to bequeath the property to his three children in equal shares. How would you advise Richard Ewings, in terms of the provisions of the Subdivision of Agricultural Land Act 70 of 1970? Substantiate your answer. X is the owner of a residential erf in town, but she resides in a town house which she has been renting from Z for many years. X is also the holder of a usufruct over the farm Moreson just outside the town where she farms. X borrows money from a family member, Y. X instructs you, a notary, to draft and register in the deeds registry a notarial bond over these three assets in favour of Y as security for payment of the debt. Fully explain whether you will be able to execute the instruction. X, the owner of a cargo ship, lets his goods shed to Z on a long term lease. X also owns a house in Cape Town as well as several vehicles. X owes Bank Y a large sum of money. Bank Y requests you, as a notary, to draft a notarial bond. Mary and Joe Jones wish change their matrimonial property dispensation in terms of Section 21 of the Matrimonial Property Act 88 of 1984. What must the parties state in their application to convince the court to grant the order? What advice would you give Bank Y about the security objects and the forms of real security to be used here? Name three conditions relating to the payment of the debt that may not be included in a bond. Define an antenuptial contract. It is a requirement that the place and date of execution of an antenuptial contract be noted in the contract. Is it also necessary to indicate the precise time when the contract was signed? Give reasons for your answer. Explain whether an antenuptial contract may be entered into and registered after solemnisation of the marriage. What is the difference between ante-nuptial contract and post-nuptial contract? X and Y, who live in Bloemfontein, conclude an antenuptial contract before a notary while on holiday in Durban. In the contract X donates to Y his sectional title flat in Pretoria, and undertakes to donate to Y his holiday home in Cape Town as well later when he has more resources. Where must the antenuptial contract be registered? When must the antenuptial contract be registered? Give reasons for your answer. Mary and Joe Jones wish change their matrimonial property dispensation in terms of Section 21 of the Matrimonial Property Act 88 of 1984. What must the parties state in their application to convince the court to grant the order? Indicate whether a prenuptial agreement entered into after marriage may be registered. Two minors approach you, as a notary, with a request to draft an antenuptial contract for them as a matter of urgency. Their parents cannot be present and there are no witnesses available. Explain the legal position in respect of the execution and registration of the contract as well as the proposed marriage. Mary and Joe Jones wish change their matrimonial property dispensation in terms of Section 21 of the Matrimonial Property Act 88 of 1984. What must the parties state in their application to convince the court to grant the order? Which requirements have to be met when modifying an antenuptial contract? Which requirements have to be met when signing an antenuptial contract after solemnisation of the marriage? Is an antenuptial contract that has not been notarially executed or registered of any value? You as a notary executed an antenuptial contract for a betrothed couple before their marriage. However you failed to register the contract within three months of the execution date. How would you handle the situation? Mary and Joe Jones wish change their matrimonial property dispensation in terms of Section 21 of the Matrimonial Property Act 88 of 1984. What must the parties state in their application to convince the court to grant the order? Briefly discuss the guidelines laid down in Ex parte Oxford 1920 CPD 367 for an application to register a post nuptial contract. Briefly discuss the requirements for an application to modify spouses matrimonial property dispensation in terms of section 21 of the Matrimonial Property Act 88 of 1984. What is the difference between ante-nuptial contract and post-nuptial contract? You have been requested to draw up an antenuptial contract. Briefly explain the meaning of the accrual system.