DBM Attorneys- Claiming from the estate of your heterosexual life partner
The court found this discrimination to gravely affect the rights and interests of heterosexual permanent life partners who depend on each other for support.
Question: I am a 24-year-old unmarried woman. My life partner with whom I resided and who was the breadwinner recently passed away, will I be able to claim from his estate?
Gerrit Coetzee answers: “In Bwanya v the Master, the court addressed the challenge on the constitutionality of both the Maintenance of Surviving Spouses Act 27 of 1990 and the Intestate Succession act 81 of 1987 as they excluded the applicant from inheriting or receiving maintenance from her deceased life partner’s estate.
The court found this discrimination to gravely affect the rights and interests of heterosexual permanent life partners who depend on each other for support.
It was further decided that the denial of the section 2(1) maintenance benefit to permanent life partners constitutes unfair discrimination insofar as it excludes permanent life partners who undertook reciprocal duties of support.
To be successful in such a claim there needs to have been a legally enforceable duty of support arising from the relationship.
The judgement given in the above matter permits heterosexual life partners who have undertaken reciprocal duties of support to claim for inheritance and maintenance from the other deceased partner’s estate.”
The news provided to you in this link has been investigated and compiled by the editorial staff of the Newcastle Advertiser, a sold newspaper distributed in the Newcastle area. Please follow us on Youtube and feel free to like, comment, and subscribe. For more local news, visit our webpage, follow us on Facebook and Twitter, and request an add on our WhatsApp (082 874 5550).
