Landmark ruling for gay couples

PRETORIA – Gay life partners are entitled to inherit from the intestate estates of their partners just as spouses do, the South African Constitutional Court ruled on Thursday.

The court upheld an earlier ruling by the Pretoria High Court that section 1(1) of the Intestate Succession Act of 1987 was unconstitutional because it excluded homosexual couples. It ordered that the words or “partner in a permanent same-sex life partnership in which the partners have undertaken reciprocal duties of support” be read in after the word “spouse”, wherever it appears in that section of the Act.The Constitutional Court said that this amendment should in the main operate retrospectively, but with limitations to reduce the risk of disruption in the administration of deceased estates and to protect the position of others.The disputed section did not provide for a permanent same-sex life partner to inherit automatically, as a spouse would, when the other partner dies without a will.The ruling was in the case of Mark Gory vs Daniel Kolver, and arose from the death of Gory’s life partner, Henry Harrison Brooks.When Brooks died without leaving a will, his parents appointed Kolver as the executor and claimed their son’s estate.Gory disputed this and won an initial ruling the Pretoria high court.The Constitutional Court confirmed Kolver’s removal as executor but said he should be paid for the work he had done.The minister of justice, named as a respondent by Gory, did not oppose Gory’s application to change the law, but opposed his request for costs against her.The Constitutional Court said it was the minister’s fault that the unconstitutional law was still on the books and ordered her to pay costs for Gory and Kolver in both the high court and the Constitutional Court matters.The Civil Union Bill is expected to be signed into law before the deadline set by the Constitutional Court of December 1.SapaIt ordered that the words or “partner in a permanent same-sex life partnership in which the partners have undertaken reciprocal duties of support” be read in after the word “spouse”, wherever it appears in that section of the Act.The Constitutional Court said that this amendment should in the main operate retrospectively, but with limitations to reduce the risk of disruption in the administration of deceased estates and to protect the position of others.The disputed section did not provide for a permanent same-sex life partner to inherit automatically, as a spouse would, when the other partner dies without a will.The ruling was in the case of Mark Gory vs Daniel Kolver, and arose from the death of Gory’s life partner, Henry Harrison Brooks.When Brooks died without leaving a will, his parents appointed Kolver as the executor and claimed their son’s estate.Gory disputed this and won an initial ruling the Pretoria high court.The Constitutional Court confirmed Kolver’s removal as executor but said he should be paid for the work he had done.The minister of justice, named as a respondent by Gory, did not oppose Gory’s application to change the law, but opposed his request for costs against her.The Constitutional Court said it was the minister’s fault that the unconstitutional law was still on the books and ordered her to pay costs for Gory and Kolver in both the high court and the Constitutional Court matters.The Civil Union Bill is expected to be signed into law before the deadline set by the Constitutional Court of December 1.Sapa