Many people may not realise that living together in a committed, permanent relationship can, in certain circumstances, afford partners many of the same legal protections as an official marriage. As more South Africans choose to build lives together without marrying, understanding these protections (and their limits) is increasingly important. The position is not automatic or identical in every respect, which is why a properly drafted, up-to-date will remains essential.

What the law now recognises

South African law has developed to recognise most permanent life partnerships. Following important court decisions and later legislative amendments, a surviving partner will have inheritance and maintenance rights where the couple lived in a permanent relationship and undertook reciprocal duties of support. The interpretation of tax legislation may allow for the recognition of a same-sex or heterosexual union intended to be permanent as a “spousal” relationship for particular purposes.

However, this does not mean every unmarried couple is automatically treated as married in law. If a relationship is disputed after death, evidence of its permanence and the partners’ mutual support will become important.

Do not rely on the law to achieve the same result you would have chosen.

Why a clear will still matters

A clear will reduces uncertainty. A well drafted will should identify your partner accurately, record whom you wish to benefit, appoint an executor and deal with important assets in a way that reflects your intentions. Using appropriate wording and reducing ambiguity makes the administration of the estate easier and reduces the risk of misunderstanding or challenges.

If you already have a will, review whether it still describes your relationship and wishes correctly. If you do not have one, do not rely on the law to achieve the same result you would have chosen. Intestate succession rules (which must apply if you have no valid will) may offer protection to a qualifying surviving life partner, but the nominated executor will still have to establish the nature of the relationship, and the legal distribution might not match what your family needs after you die.

Estate planning is for everyone

Estate planning is not only for married couples or wealthy families. It is about making your intentions clear, protecting the people who depend on you and avoiding preventable uncertainty. Whether you are married, unmarried or unsure how the law views your relationship, consider having your will and estate plan reviewed by appropriately qualified professionals.