Death before wedding puts inheriting by opposite-sex life partners before ConCourt

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However, because a formal marriage ceremony is not concluded, individuals in life partnerships do not benefit from the laws which apply to married people.

The Constitutional Court heard an application to confirm an order made by the Western Cape High Court concerning the Intestate Succession Act. File photo.They might not be formally married, but opposite-sex life partners conduct their lives as spouses.

Bwanya was “swept off her feet” by a relatively wealthy businessman, Anthony Ruch, in 2014. They were in a permanent life partnership until Ruch, 57, died in April 2016 — before the couple could get married. He did not leave a will, and the heir he had appointed was his mother, who had died in 2013. The high court declared that the Intestate Succession Act was invalid to the extent that it excluded the surviving partner in a permanent opposite-sex life partnership from inheriting.

 

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