Man declared partner of his long-standing lover for share of inheritance
A MAN who had been by the side of his partner for 26 years, without them ever being married, turned to the Gauteng High Court, Johannesburg for an order declaring that he and his partner, who had meanwhile died, were in a universal partnership.
The man, identified in the judgment only as LL, was forced to obtain legal clarity regarding his relationship status to the woman, identified only as EH.
This was because the woman's daughter, who is the executor of her estate, refused to acknowledge that he was entitled to half of her assets.
The court concluded that over the years, LL and the deceased had built up financial assets together, which included several properties. LL also stood by his partner up until her death.
A high court judge said earlier that there were so many disputes of facts the court could not make a ruling on the matter based on court papers.
But LL has now successfully taken the matter on appeal.
The court, consisting of three judges, found that the partnership commenced on the death of EH's husband, and continued until EH's death 26 years later. It was one in which each party shared all of their assets with the other, akin to a marriage in community of property.
Judge Stuart Wilson, who wrote the judgment, explained that a universal partnership was an agreement between individuals to share their property and their gains and losses. The partnership need not be formed for a commercial purpose. It regularly comes into existence, whether expressly or tacitly, between unmarried cohabitees, although cohabitation is not essential.
The requirements for the existence of a universal partnership are the same as those for partnership in general.
“A partnership exists if each of the parties brings something into the partnership or binds themselves to bring something into it, whether it be money, or labour, or skill”; if the agreement is struck for “the joint benefit of both parties”; and if the object of the partnership is material gain,” the judge explained.
LL signed a will leaving his estate to EH, but EH never signed a will leaving her estate to him. LL said that this is because she did not want to face her mortality.
When EH died at the age of 76, her daughter was appointed as the executor of EH's estate. According to LL, the daughter promised, in a fairly vague way, to settle half of EH's estate on him, but never followed through.
Judge Wilson said it was clear that there was a universal partnership and declared that LL was entitled to inherit half of the deceased's estate.