Section 3Part 0 —
Property of married women
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Subject to this Law, all property which —
immediately before 1st June, 1941, was the separate property of a married woman or held for her separate use in equity;
belongs at the time of her marriage to a woman married on or after 1st June, 1941; or
on or after 1st June, 1941, is acquired by or devolves upon a married woman, shall belong to her in all respects as if she were a feme sole and may be disposed of accordingly: Provided that nothing in this subsection shall interfere with or render inoperative any restriction upon anticipation or alienation attached to the enjoyment of any property by virtue of any provision attaching such a restriction, contained in any law passed before 1st June, 1941 or in any instrument executed before 1st September, 1941.
Any instrument executed on or after 1st September, 1941, shall, insofar as it purports to attach to the enjoyment of any property by a woman any restriction upon anticipation or alienation which could not have been attached to the enjoyment of that property by a man, be void.
For the purposes of the provisions of this section relating to restrictions upon anticipation or alienation —
an instrument attaching such a restriction as aforesaid executed on or after 1st September, 1941, in pursuance of an obligation imposed before that date to attach such a restriction shall be deemed to have been executed before said 1st September, 1941;
a provision contained in an instrument made in exercise of a special power of appointment shall be deemed to be contained in that instrument only and not in the instrument by which the power was created; and
the will of any testator who dies after 31st December, 1945, shall, notwithstanding the actual date of the execution thereof, be deemed to have been executed after 1st September, 1941.
Defined Terms
feme solerestriction upon anticipationalienation