SABC News - Court rules unmarried gay couples can inherit:Wednesday 30 November 2016

Court rules unmarried gay couples can inherit

Wednesday 30 November 2016 12:07

Angela Bolwana

The court ruled that Eric Duplan was right to claim his deceased live-in partner's estate.

The court found that although the couple was unmarried the law favoured the surviving partner.(REUTERS)

The Constitutional Court has preserved the right of unmarried permanent gay couples to inheritance.

The court ruled that Eric Duplan was right to claim his deceased live-in partner's estate. The partner's brother Rasmus Laubscher took the case to the court after the High Court found against him.

The court found that although the couple was unmarried, the law favoured the surviving partner.

Justice Boissie Mbha says, “The majority holds that same-sex permanent partners will continue to enjoy intestate rights under section 1, sub 1, of the act... as per the Gory order, until the section is amended; it is not for this court to proscribe protections it previously extended when there is no clear legislative indication the proscription is mandated.”

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