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Jacob also exchanges the tractor which is an excluded asset, for a
plough. The painting, barn and plough are therefore assets which
replaced the excluded assets.
(2) The calf and interest earned on the remaining half of the R1 000 (ie
R500) are fruits of the excluded assets.
(3) (a) The painting falls outside the joint estate. When a third party
(Bettie) donates something (sewing machine) to a husband or a
wife (Marian), subject to the condition that such asset must not
fall within the joint estate, and the asset is exchanged, the
exclusion will remain valid in respect of the property obtained by
the exchange (painting).
(b) The farm and farmhouse fall outside the joint estate. Jacob
inherited the farm and farmhouse in terms of his father's will,
subject to the condition that it should fall outside the joint estate.
(c) The plough falls outside the joint estate. When a third party
(Jacob's father) bequeathes something (tractor) to a husband or a
wife (Jacob), subject to the condition that such asset must not fall
within the joint estate, and the bequest is exchanged, the
exclusion will remain valid in respect of the property obtained
by the exchange (plough).
(d) The cow falls outside the joint estate. Jacob inherited the cow
under his father's will, subject to the condition that it should fall
outside the joint estate.
(e) The calf falls within the joint estate. The fruits of a bequest which
is excluded from the joint estate will become part of the joint
estate. If the testator wants these to be excluded as well, he or she
must make a specific stipulation to this effect. Jacob's father did
not stipulate in his will that the exclusion should extend to the
fruits.
(f) The remaining R500 of the R1 000 falls outside the joint estate.
Jacob inherited the R1 000 under his mother's will, subject to the
condition that it should fall outside the joint estate.
(g) The interest on R500 falls outside the joint estate. In terms of
Jacob's mother's will, the fruits of the bequest (R1 000 of which
only R500 remained) should also be excluded from the joint
estate.
(h) The barn falls outside the joint estate. When a third party (Jacob's
mother) bequeathes something (R1 000, of which he used R500
for the barn) to a husband or wife (Jacob), subject to the condition
that the asset should not fall within the joint estate, and the
bequest is exchanged (the money is converted into something else,
namely the barn), the exclusion will remain valid in respect of the
property obtained by the exchange (barn).
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