Chief Masters Directive 4 of 2009 1.
Masters and the Deeds Office are in agreement that the general letter of authority issued by the Master in terms of section 18(3) does not authorize the Master's Representative to sell immovable property.
Therefore, where the Master's Representative wants (needs) to sell the property after having received his/her letter of authority, he/she will have to obtain a further direction from the Master which authorizes the sale of the property.
The application to the Master and the endorsement will follow the same format as an application for a section 42(2) application. The same form and endorsement must be used - the reference to section 42(2) must merely be changed to section 18(3).
If the purchase price (together with the value of the other assets in the estate) is less than R125 000, the Master should authorize the sale in terms of section 18(3) as part of the directions which the Master gives.
If the purchase price is in excess of R125 000, the Master must withdraw the letter of authority in terms of section 18(3) and issue letters of exectuorship, in which case the sale will require the Master's endorsement in terms of section 42(2).
It is important to note that the Master does not need to issue a section 18(3) endorsement where the fixed property is not sold out of the estate, but is being transferred to the heirs. The reason for this is that the letter of appointment (J.170) already authorizes the appointee to transfer the immovable property to the heir/heirs entitled thereto.