n South African Law Journal - Intestate succession and gay and lesbian couples : notes




Same-sex couples who have not entered into a marriage or civil union will, as the law currently stands, continue to inherit on intestacy in terms of the reading-in in Gory provided that they can prove the existence of a permanent relationship in which the parties have undertaken reciprocal duties of support (para 29). It seems likely that, since marriage or a civil union is now a legal possibility for any gay or lesbian couple, the courts may scrutinize claims more carefully and require some explanatory evidence of why the couple did not marry or enter into a civil union even though that possibility was open to them.


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