Foreign marriages and folly

20 January 2011

In response to Mr. Nqhome's letter of 7th December 2010 (Foreign Marriages - a response), let me point out that if it is not clear from registration facts that the deceased and the surviving spouse were married in community of property to each other the registrar will require the marriage in community of property to be proved, simply because section 45 can only be applied in the case of parties married in community of property. That is an understandable situation.

Let me also point out that I was only trying to prove the folly of RCR5/2004. In my opinion the resolution seems insulting to the Master's Office and the quality of their processes in the supervision of the administration of deceased estates. After such a thorough process in the administration of the estate the L & D account should suffice as proof for the Deeds Office that the estate was treated as that the parties were married in community of property to each other. There is no reason for the Deeds Office to doubt the process of the administration of the estate, unless it is clear from registration facts or otherwise that a mistake was made in that respect.

In my view Mr. Nqhome's suggested repeal of RCR5/2004 and the substituted resolution will not help the situation, and will in fact simply be another way of saying what RCR5/2004 now states. Rather simply accept the L & D account as the necessary proof that the parties to the foreign marriage were married in community of property.

Dudley Lee
14th January 2011

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