It excludes life partners, in a relationship intended to be permanent, from the definition of “spouse”. This was upheld in a Constitutional Court ruling in December 2021, in the case of Bwanya v Master of the High Court .
The law will also apply when the deceased has a will but does not leave any assets to his or her spouse. This means a life partner who could prove financial dependency would already have a claim against a deceased partner’s retirement benefit. “Typically, when Capital Legacy declares a life partner for estate duty – Sars [SA Revenue Service] requests two affidavits from non-family members and other proof to allow this. The courts will need to set a precedent to show to what extent “reciprocal duties of support” will be accepted. For example, does a stay-at-home mum who raised the kids while the partner worked meet that definition?”
While this law will go some way towards protecting those in life partnerships who may be financially dependent, it will be open for contestation.
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