I wasn’t married, but my life partner and I lived together for over 5 years. Do I have a claim against his/her estate?
If you were not married but lived with your partner in a permanent life partnership, you may have a claim against their estate under South African law. Recent legal developments have expanded the rights of surviving life partners, particularly in the areas of maintenance and inheritance.
Maintenance Claims for Surviving Life Partners
Traditionally, the Maintenance of Surviving Spouses Act 27 of 1990 only allowed legally married spouses to claim maintenance from a deceased partner’s estate. However, the Constitutional Court’s decision in Bwanya v Master of the High Court [2021] changed this position. The Court held that excluding permanent life partners from the provisions set out in this Act was unconstitutional. As a result, surviving partners in permanent life partnerships where the partners had undertaken reciprocal duties of support can now claim maintenance from the deceased partner’s estate.
Inheritance Rights for Surviving Life Partners
Similarly, the Intestate Succession Act 81 of 1987 previously did not recognize life partners as heirs when someone died without a will. The Bwanya case also addressed this issue, ruling that the Act’s exclusion of permanent life partners was discriminatory. Consequently, surviving partners in permanent life partnerships are now recognized as intestate heirs, allowing them to inherit from their deceased partner’s estate in the absence of a will.
Establishing a Permanent Life Partnership
To qualify for these rights, you must demonstrate that you were in a permanent life partnership with the deceased. Factors considered include:
- Duration of the relationship: A long-term, stable relationship.
- Shared residence: Living together in a common household.
- Financial interdependence: Sharing expenses and financial responsibilities.
- Reciprocal duties of support: Providing mutual emotional and financial support.
- Public perception: Presenting yourselves as a committed couple to family and community.
Evidence such as joint bank accounts, cohabitation agreements, shared property ownership, and affidavits from friends and family can support your claim.
Steps to Take
- Consult a Legal Professional: Seek advice from an attorney experienced in estate law to assess your eligibility and guide you through the process.
- Gather Documentation: Collect evidence demonstrating the nature and duration of your relationship.
- Submit a Claim: Lodge a maintenance claim or inheritance claim with the executor of the estate and the Master of the High Court.
- Legal Proceedings: If necessary, be prepared to initiate legal action to assert your rights.
Conclusion
While South African law has evolved to recognize the rights of surviving life partners, navigating these claims can be complex. It’s essential to act promptly and seek professional legal assistance to ensure your rights are protected and to facilitate a fair outcome.
Feel free to reach out to us for more information on how our actuarial services can assist you in calculating a maintenance claim.