n South African Law Journal - Intestate succession and gay and lesbian couples : notes
|Article Title||Intestate succession and gay and lesbian couples : notes|
|© Publisher:||Juta Law Publishing|
|Journal||South African Law Journal|
|Author||Michael Cameron Wood-Bodley|
|Publication Date||Jan 2008|
|Pages||46 - 62|
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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