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Duplan vs Loubser

Court favours partner of a same sex union to inherit in intestacy notwithstanding the introduction of the Civil Union Act and failure by the couple to register their union in terms of the said act based upon the court being bound by the “read in rule” applicable to the definition of a “spouse” in terms of Section 1(1)(a) of the Intestate Succession Act and stare decisis principle.

The decision handed down notwithstanding the discrimination against unmarried heterosexual couples.

Click here to read the full court case.

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