Cape Town - Same-sex partners will now be able to inherit their deceased partner’s intestate estate even if they are not legally married in terms of the Civil Unions Act.
The Constitutional Court set a precedent for the largely marginalised lesbian, gay, bisexual, transexual and and intersex community in a ruling on Wednesday.
The decision came when a gay man, whose long-time partner died in February last year, won a Pretoria High Court case declaring him the sole benefactor of the estate.
The dead man’s brother, Rasmus Laubscher, then took the matter to the Constitutional Court. which had to decide whether he or life partner Eric Duplan was entitled to inherit.
Duplan and his life-partner, Cornelius Daniel Laubscher, had been together for 13 years. The pair had never married, had never had their relationship solemnised by a priest and had not been registered in terms of the Civil Unions Act.
Cornelius Laubscher had no descendants recognised by a court of law. His parents had died years before and his brother was declared the executor of his estate.
By law, when a person dies and does not leave behind a valid will, the Intestate Succession Act will take effect. It divides the deceased’s estate between family members and spouses.
In an argument Duplan made to the Constitutional Court, he said that he relied on a similar case, Gory v Kolver, in which the court found that the definition of the word “spouse” includes same-sex life partnerships. At the time the Gory v Kolver case was heard, the Civil Union Act has not been enacted.
The Court concluded that Duplan was to be the sole intestate heir.
The Triangle project’s Matthew Clayton said that although the organisation had not been involved in the case, they were pleased about the move that looked to give same-sex couples complete recognition of the law.
“Far too many people in long term same-sex relationships have had to face the agony of a legal system which did not fully recognise them, on top of the loss they have suffered.
“This is a small move that may not benefit the majority of LGBTI people, but it is our hope that each piece of reform like this goes some way to strengthen our country’s stated goals of equality and human dignity,” he said.