Tom married Jonathan in terms of the Civil Union Act 17 of 2006 on 29 December 2016. Tom died on 10 October 2023 and left a valid will that he had made on 7 February 2017. This will provides as follows:

“I leave my entire estate to my ex-girlfriend, Sadie. To Jonathan, who cheated on me, I leave nothing.”
Jonathan’s position will be as follows:

Question

Tom married Jonathan in terms of the Civil Union Act 17 of 2006 on 29 December 2016. Tom died on 10 October 2023 and left a valid will that he had made on 7 February 2017. This will provides as follows: 
 
 “I leave my entire estate to my ex-girlfriend, Sadie. To Jonathan, who cheated on me, I leave nothing.”  
 Jonathan’s position will be as follows:

Answer

He can inherit Tom’s estate intestate because, in terms of the Civil Union Act, he is considered to be in the same position as a spouse.

Answer

He can institute a claim for half of Tom’s estate against Sadie.

Answer

He can institute a claim for his reasonable maintenance needs until his death against Tom’s estate.

Answer

He can bring an application to declare the will invalid as it is illegal to disown one’s spouse.

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Tom married Jonathan in terms of the Civil Union Act 17 of 2006 on 29 December 2...

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