Inheritance Between Common Law Partners

The term “spouse” in the Inheritance Law also includes a common law partner.Section 55 of the Inheritance Law, 1965, whose purpose is to equalize the status of the common law partner to that of the married partner, in terms of the right to inheritance under law, sets three cumulative conditions, on the fulfillment of which a common law partner is entitled to inherit his/her partner:
A. That the man and the woman were not married to others upon the demise of any of them;
B. That they led a family life;
C. That they managed a joint household.

The end of section 55 of the Law provides that where there is another, express or implied provision in the Last Will And Testament left by the successor, the section shall not apply and the surviving party will not be recognized as a spouse entitled to inherit one half of the estate.
It should further be stated, that section 55 of the Law does not provide exclusions as to a residential apartment for instance, or as to any other field.Accordingly, if the partner meets the requirements and the conditions of section 55, then, in terms of this law, the partner is treated as a married spouse in all respects.