Can an unmarried partner claim maintenance?
A family gathers after the passing of a loved one. Emotions are already heavy when the will is opened, only to reveal names that make no sense, assets that no longer exist and an executor who has long since moved on. The grief of loss is suddenly tangled with confusion, delay and, in some cases, painful disputes. All of this—not because intentions were unkind, but simply because the will had not been updated to reflect life as it truly was.
It is a sobering thought, yet one that highlights an important truth: a will is not a once-off document. Life moves forward—families change, assets shift, priorities evolve. If your will does not keep pace, the results can undermine the very care you meant to show.
Key moments should always prompt a review: a marriage or divorce, the birth of a child, the death of a beneficiary or executor, the purchase or sale of significant property, or a move across borders. Even less dramatic changes—like shifting relationships or a change in financial circumstances—can make it wise to revisit your estate plan.
The Court granted interim maintenance. In doing so, it found that she had established a prima facie right based on the nature of the relationship and the alleged undertaking, that she would suffer harm without support, that the balance of convenience favoured maintaining the status quo, and that she had no alternative remedy while awaiting trial. The application was also unopposed.
This decision is notable as it appears to be the first instance in South Africa where interim maintenance has been granted to an unmarried partner in a long term opposite sex relationship.
What this means in practice:
- Long term partnerships may carry legal consequences
Even without a formal marriage, a relationship characterised by shared life and financial dependence may give rise to claims for support. - Financial arrangements matter
Ongoing support, particularly where there is an undertaking, can play an important role in how a court views obligations between partners. - Planning ahead remains essential
Uncertainty can arise where expectations are not clearly defined. Taking steps to formalise arrangements can help avoid disputes if a relationship ends.
At CA Trust Company, we assist clients in structuring their personal and financial affairs with clarity, ensuring that their intentions are properly recorded and protected.