Page 69 - The Circle of Life

The items excluded from the joint estate and stay the sole property of one of the

parties would be where a third party makes a gift or legacy to the party with the
specific provision that is must not form part of the joint estate. This why you
often read in wills and testaments that the inheritance will not form part of the

joint estate as it must be said or it will be seen as part of the estate meaning the

other spouse becomes the owner as well. As you can imagine it may then end up
at the creditors called banks by some and your worst enemy by me.

I say again that in law if you do not deny something it may be seen as that you
agree with it. Note however that this is not true in cases of rape. The fact that

the Victim (woman only) does not resist is not to say she gave consent or
agreed. It is one of the rare exceptions in law.

Before 1993 in South Africa, a husband became automatically the sole

administrator of the joint estate meaning that he controlled everything which
you can take for granted was a recipe for disaster. It may still be the case in

other jurisdictions and I pity the wife for it is designed to lead to abuse. In
practical terms the wife could not even accept an inheritance without her

husband agreeing also and then, if not excluded, gain the right to dispose of that
inheritance as he pleases. The wife was in fact little more than a breeding animal

as far as the law was concerned but she could not be abused at will as some
think. In that at least she had some protection as we will discuss a bit further

on.

What happens with monetary gifts or the proceeds of gifts sold?

So what happens with a monetary gift or if a gift which is sold for money? You

know at a wedding you often receive unwanted gifts and many couples sell it.
The money stays the property of the spouse given to originally but when

invested the proceeds go to the joint estate unless expressly prohibited by the
giver.

What about wedding gifts between the parties to each other?

Generally all engagement and wedding gifts given by a husband to his wife do
not form part of the joint estate. It is to be used and done with as each pleases.

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