Sanlam : Your Live-in Partner Can Inherit Your Estate

The Bwanya case is causing the definition of a spouse to undergo scrutiny once again. Jane Bwanya was about to marry multimillionaire Anthony Ruch, when Ruch passed away. Lobola was being discussed and there was evidence of reciprocal support - financial on his side and emotional on hers. The pair were cohabiting and had plans to start a cleaning business together. They'd been dating for two years and wanted to start a family.

Ruch left everything to his mother in his will, which he never updated to include Bwanya. His mother passed away before him, and he had no heirs - effectively he died intestate. Bwanya contested the exclusion, on the basis that if it had been a same-sex relationship, she would have had an automatic claim to his estate, based on the Intestate Succession Act. She was also aggrieved at the rejection of her maintenance claim by the executor. She applied to the Western Cape High Court for relief and obtained an interdict preventing the executor from winding up the estate.

Based on the evidence of reciprocal duties of support, the High Court ruled with Bwanya and referred the matter to the Constitutional Court. The Con Court agreed and declared the definition of 'spouse' unconstitutional, but suspended the order pending changing of the law by Parliament.