In our previous article, under the heading “Court kicks surviving life partner out of her home”, we told the story of Maree Poole. Her partner of many years died without a will; the Western Cape High Court held that theirs had never been a permanent life partnership, and ordered her out of the house by 31 October 2026 (Jansen van Rensburg NO v Poole and Others (21515/2024) [2026] ZAWCHC 162). Three months later, the Pension Funds Adjudicator went the other way, awarding a life partner 45% of an R8,3 million death benefit that the deceased had nominated entirely to his sister.
This article continues that topic. The good news is that our law has changed a great deal in favour of life partners. The bad news is what it still costs to prove it.
What qualifying life partners can claim
A life partner who falls into the right category may:
- Inherit on intestacy. The words “or partner in a permanent life partnership in which the partners have undertaken reciprocal duties of support” were read into section 1(1) of the Intestate Succession Act 81 of 1987 (Bwanya v Master of the High Court, Cape Town [2021] ZACC 51; 2022 (3) SA 250 (CC)), with effect from 1 July 2023.
- Claim maintenance from the deceased estate if unable to maintain herself (Maintenance of Surviving Spouses Act 27 of 1990, section 2(1), read with the definitions in section 1 as amended by Bwanya).
- Enjoy the section 4(q) estate duty deduction (Estate Duty Act 45 of 1955, section 4(q), read with the definition of “spouse” in section 1, which includes “a same-sex or heterosexual union which the Commissioner is satisfied is intended to be permanent”), and the portable section 4A abatement.
- Share in a pension fund death benefit as a dependant (Pension Funds Act 24 of 1956, section 37C read with the definition of “spouse” in section 1).
- Sue for loss of support after a fatal accident (Paixao v Road Accident Fund 2012 (6) SA 377 (SCA)).
- Receive assets free of donations tax, with capital gains tax roll-over (Income Tax Act 58 of 1962, section 56(1)(b) and paragraph 67 of the Eighth Schedule).
- Register as a medical scheme dependant (Medical Schemes Act 131 of 1998, section 1) and obtain a domestic violence protection order (Domestic Violence Act 116 of 1998, section 1).
The catch — and the cure
Every one of those rights depends on proving the category: a permanent partnership with reciprocal duties of support. That is a factual enquiry, decided years afterwards, on affidavits and under cross-examination, against relatives who would rather the survivor got nothing. Ms Poole spent four days in the witness box and lost her home.
A will removes the enquiry altogether.
Our advice: sign a joint will. Any two people may sign one will — it is not reserved for married couples. The same rule applies to spouses married in community of property, spouses married out of community of property, and life partners. Yours should state clearly:
- who inherits if partner A dies first;
- who inherits if partner B dies first; and
- who inherits if both partners die within 30 days of each other.
One warning. Section 2B of the Wills Act 7 of 1953 automatically disregards a bequest to a former spouse for three months after a divorce. It does not apply to life partners. If you separate, your former partner keeps inheriting until you sign a new will.
Free wills during Wills Week
We will draft wills free of charge during the Legal Practice Council’s Wills Week, 14 to 18 September 2026.
You can click this link and fill in the relevant form online so we can draw up a will for you. It will not take you longer than five minutes to complete the form.
After that, we will provide you with the draft document and set up a meeting to discuss it and arrange for signing.
The service is free of charge.
Volker Krüger
