Laubscher N.O. v Duplan and Another

The deceased, Cornelius Daniel Laubscher, and the first respondent, Eric Duplan, lived together in a permanent same-sex partnership from 2003 until the deceased’s death in February 2015. They had undertaken reciprocal duties of support but had not solemnised or registered their relationship under the Civil Union Act 17 of 2006. The deceased died intestate, without descendants and with both parents predeceased. The applicant, the deceased’s brother and executor of the estate, claimed that Duplan was not entitled to inherit because the partnership was not formally registered. Duplan claimed inheritance rights under section 1(1) of the Intestate Succession Act 81 of 1987 as read in by the Constitutional Court in Gory v Kolver NO.

Leave to appeal was granted, but the appeal was dismissed. The High Court order declaring the respondent the sole intestate heir of the deceased estate was confirmed.

This case confirms that unmarried same-sex partners in permanent life partnerships with reciprocal duties of support retain intestate succession rights despite the enactment of the Civil Union Act. It clarifies the continued force of the Gory reading-in remedy and affirms that legislative silence does not impliedly repeal constitutional remedies. The judgment reinforces substantive equality for same-sex partners in succession law.