Inheritance Right For Gay Couples In South Africa

In a groundbreaking ruling, South Africa’s highest court has ruled that
unmarried gay couples in a permanent relationship have a right to
inherit from one other.

The case was brought by Rasmus Laubscher, the brother of Daniel Laubscher who died in 2015.

He argued against his brother’s estate going to his live-in partner Eric Duplan.

The Constitutional Court said the Civil Union Act created a new category
of beneficiaries, namely same-sex partners who had entered into
registered civil unions.

 “As a result, the court’s earlier inclusion of permanent same-sex
partners within the definition of spouse was still operative,” Judge
Boissie Mbha said in a majority judgement.

The Commission for Gender Equality, a statutory body formed after
apartheid ended in South Africa in 1994, supported Mr Duplan in his
inheritance battle.