Retirement feature: High Court finds that Intestate Succession Act discriminates against unmarried life partners

Everyone in the fiduciary industry is talking about a recent High Court judgement which deemed certain sections of the Intestate Succession Act (ISA) to be unconstitutional. (The ruling is subject to Constitutional Court confirmation). A recent High Court judgement ruled that a woman whose male life partner died without a will should inherit his estate. In the past, couples who lived together in a heterosexual relationship that was intended to be permanent were not covered by the ISA. This meant that if one partner died Intestate (i.e. without a valid Will), the other partner would not automatically inherit from the estate. This was in direct opposition to the laws governing married couples and unmarried homosexual life partners who did automatically inherit in such situations.
The ruling (assuming it is approved by the Constitutional Court) ensures that the same rules apply for all permanent partnerships. What’s more, the ruling also declared certain sections of the Maintenance of Surviving Spouse Act unconstitutional. But is it still necessary to draft a will? Louis van Vuren, CEO of the Fiduciary Institute of Southern Africa, has the answer.