Inside Your Pocket: Married or not, your partner can inherit your estate.

If you are living with your partner but unmarried (co-habiting), you could soon be seen as a “spouse” in the eyes of the law. Two Acts are set for amendment within the next 18 months that may extend the definition of “spouse” to include any life partner. This may have major implications for you, if you’re one of the 3.5 million co-habiting South Africans without a ring on your finger. It could mean your partner has an automatic claim to inherit a substantial share of your estate should you die, even if you have not been together for very long. Are you sure this would be your last and final wish? There’s never been a more important moment to draft a will and do some proper estate planning.
Following the landmark “Bwanya ruling” by the Constitutional Court, Parliament has 18 months to amend the Intestate Succession Act and Maintenance of Surviving Spouses Act. This is being heralded as a major victory for the inheritance rights of life partners. But right now, it could also cause a lot of confusion, says David Thomson, senior legal adviser at Sanlam Trust.