Partners in a permanent life partnership could now enjoy the same benefits as spouses when it comes to intestate succession.
The High Court in Cape Town recently decided a matter where a surviving partner, in a permanent life partnership, sought to declare certain sections of the Intestate Succession Act 18 of 1987 and Maintenance of Surviving Spouses Act 27 1990 unconstitutional. In Bwanya v Master of the High Court and others 2020 (12) BCLR 1446 (WCC) the Applicant alleged that she and the deceased had been partners in a permanent opposite-sex life partnership, with the same or similar characteristics as a marriage, in which they had undertaken reciprocal duties of support and had committed themselves to marrying each other. The deceased passed without leaving a valid will. The Applicant accordingly claimed against the estate and sought to be recognized as an heir in terms of the Intestate Succession Act. She further also sought maintenance from the estate in terms of the Maintenance of Surviving Spouses Act. The executor rejected the Applicants claims on the basis that the aforementioned acts does