Kaya 959 Reporter
It’s very important to understand joint estate planning, particularly the new changes in the legal fraternity.
There is an estimated 3.5 million co-habiting South Africans without a ring on their finger who can’t legally claim any inheritance should their partner die.
David Thomson, senior legal adviser at Sanlam Trust recently joined Kaya Biz with Gugulethu Mfuphi to unpack what new changes are on the horizon when it comes to the Intestate Succession Act and Maintenance of Surviving Spouses Act.
The new proposed changes to the Intestate Succession Act and Maintenance of Surviving Spouses Act dictates that even if you’re unmarried, you could soon be seen as a ‘spouse’ in the eyes of the law.
“As you know there are many people in South Africa and worldwide that live together (cohabitating), in what they would call a permanent relationship, where they have each brought something to the table. Also, one party might bring emotional support and the other might bring financial support, ” says Thomson
The new law which is set to be amended in the next 18 months, may extend the definition of ‘spouse’ to include all life partners.
“People that live together have very limited rights when it comes to their relationship, at the present time in terms of our law they don’t have the right to inherit, they don’t have the right to claim maintenance from the partner who passes away.”
That’s what has given rise to the Constitutional Court making the latest decision.”
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The landmark ‘Bwanya Ruling’
The changes to the two acts were based on a case involving Jane Bwanya, who was about to marry multimillionaire Anthony Ruch, when Ruch passed away.
Even though Lobola was being discussed, and there was evidence of reciprocal support – financial on his side and emotional on hers, the law was against Bwanya, as she wasn’t legally married.
“She approached the court for relief, and went to the Western Cape High Court which ruled in her favour, but said this is a constitutional issue, and the court said we feel like this is unconstitutional that a living partner in a permanent relationship, is not included in the definition of spouse, is not included in the definition of wife or husband, in terms of these two acts. says Thomson
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