Question
SCENARIO Kabelo and Thandeka executed a joint will in 1996. Kabelo passed away in 2016. The will stipulates inter alia that the surviving spouse should
SCENARIO
Kabelo and Thandeka executed a joint will in 1996. Kabelo passed away in 2016. The will stipulates inter alia that the surviving spouse should divide Hope Fountain, the 80 hectare farm that Kabelo and Thandeka co-owned in KwaZulu-Natal, in four equal parts so that each of their four children obtains land from their estate. The farm is t-shaped: the homestead and surrounding land is flanked to the East, West and North by 20 hectare camps. The will stipulates that the process of dividing the farm should begin when the first child graduates cum laude from the University of KwaZulu-Natal. The farm will be divided amongst the children by drawing lots. The child who draws the lot that represents the homestead and surrounding land will be required to pay each of the other children a sum of money that is equal to a third of the homestead's value. Finally, should any of the children develop a township on their piece of land, the other children or their dependents will be entitled to 30% of the profit made from the sale of each plot
QUESTION
You are the Registrar of Deeds and should determine which of the following stipulations in the will can be registered against the title deeds of the properties:
1. Division of the land; [6]
2. Homestead benefit; and [6]
3. Township development. [6]
Motivate your answer with reference to applicable authorit
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