02/06/2026
Has your WILL kept up with the law?
Section 1A of the South African Intestate Succession Act 81 of 1987 now includes certain partners in permanent life partnerships within the definition of a “spouse”, provided they undertook reciprocal duties of support towards one another.
This means that a long-term life partner may, in certain circumstances, have a right to inherit from a deceased estate where the deceased died without a valid will, even if there was no formal marriage.
While this amendment offers important protection, it can also create uncertainty. A surviving partner may have to prove the existence of the relationship and reciprocal duty of support, while family members and intended heirs may face disputes over inheritance rights.
A properly drafted will remains the best way to provide certainty, minimise conflict, and ensure that your estate devolves according to your wishes.
Contact Bronwyn Wilkinson on 041-373 0030 to arrange a consultation and get your will in order.
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