Conveyancing Knowledgebase

21. Transfer or cession from joint estate.—

21. Transfer or cession from joint estate.—In any deed of transfer or deed of cession lodged in a deeds registry and relating to an asset in a joint estate, the surviving spouse shall be joined in his or her personal capacity with the executor of the estate of the deceased spouse except—

(a) where the executor is dealing only with the share of the deceased spouse; or

(b) where the asset has been sold to pay the debts of the joint estate; or

(c) where there has been a massing of the joint estate and the surviving spouse has adiated; or

(d) where such transfer or cession is in favour of the surviving spouse; or

(e) where the power of attorney to pass such transfer or cession has been signed by the surviving spouse in the capacity of executor.

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