People living together, without getting married occurs often, without thinking of the consequences thereof in the later stages of life.

A short while ago, it was successfully argued in Court that heterosexual partners in a permanent relationship should, for purposes of the Intestate Succession Act (‘ISA’), be regarded as “spouses” and hence entitled to benefit as intestate heirs.

In the case of Bwanya v Master of the High Court Mr and Miss met in 2014 and moved in together. Mr always treated Miss as his wife and to friends, their relationship at all times appeared to be that of a loving couple. Mr died unexpectedly in 2016 without leaving a will, and before plans to negotiate lobola and celebrate a wedding had materialized.

Miss lodged claims against Mr’s estate, in her capacity as his spouse and intestate heir. The executor and Master however rejected the claims as they were never legally married.

Our courts have also found that partners in a permanent same-sex relationship should be regarded as “spouses” for purposes of ISA.

If the gentleman in the case had executed a will, this case would not have been necessary and the executor could have finalized the estate in terms of the will, once again proving the importance of people drafting a proper will.

For the security and peace of mind of your loved ones, whether married or not, it is important to execute the will.  Contact our Wills department for your will today.