SAYING I DO … NOT
Duplan, had been in a permanent same-sex life partnership with Cornelius Daniel Loubser from 2003 until Loubser died intestate in 2015. The applicant lodged a claim with the executor of the deceased’s estate to inherit the deceased’s entire intestate estate as a consequence of their samesex life partnership. The executor, the brother of the deceased and the only surviving child of the deceased’s parents, maintained that the applicant was not a spouse within the meaning of the Intestate Succession Act and only a spouse in a partnership which is solemnised and registered as a civil union is entitled to inherit in terms of the Intestate Succession Act. The crisp issue, as Judge AJ Muller put it, was whether the applicant could inherit intestate from the deceased.
In his judgment, the judge first reviewed the history in SA of the recognition of same sex marriages, the Civil Union Act, the Gory case and the specific provisions to be read into the Intestate Succession Act. He then discussed the distinction between same-sex partnerships which are solemnised and registered and those which are not. He noted that the former is recognised by the law and the