Many South Africans were perplexed when this paper reported last month that late rapper Riky Rick was never officially married to Bianca
Naidoo, the mother of his children.
Naidoo now wants the Master of the High Court and the home affairs minister to recognise her as Riky Rick’s wife and grant her the role of executrix of his estate. Sounds improbable?
Not really when you consider the recent landmark “Bwanya ruling” by the Constitutional Court. In that matter, Jane Bwanya and her multimillionaire lover Anthony Ruch lived together.They had been dating for two years and wanted to start a
family. Two months before they were to commence lobola negotiations, Ruch passed away. He died intestate, having nominated his mother as the only heir. But she pre-deceased him.
Bwanya then lodged two claims in terms of the Administration of Estates Act against the deceased’s estate. One claim, founded on the Intestate Succession Act, was for inheritance. The other, pegged on the Maintenance of Surviving Spouses Act, was for maintenance.
The basis of the claims was the following: the deceased was her life partner; they had been living together in a permanent, stable and intimate relationship. She also argued that Ruch supported her financially, emotionally and introduced her to friends as his wife; they had undertaken reciprocal duties of support; and were to start a family together.
The executor of the deceased’s estate rejected her claims on the basis that the Intestate Succession Act and Maintenance of Surviving Spouses Act conferred benefits only on married couples.
Bwanya successfully challenged the matter all the way to the Constitutional Court, which agreed and declared the definition of “spouse” unconstitutional, but suspended the order, pending changing of the law by Parliament. The apex court then gave parliament 18 months to amend the two acts.
David Thomson, a senior legal adviser at Sanlam Trust, said two acts are set for amendment within the next 18 months, that may extend the definition of “spouse” to include life partners.
“This may have major implications if you’re one of the 3.5-million cohabiting South Africans without a ring on your finger. It could mean your partner has an automatic claim to inherit a substantial share of your estate, even if you have not been
together for a very long.” Thomson says that in a country where 70%-80% of people do not have a will, the prospective changes have big ramifications in cases:
- When there are heirs;
- Proving a long-term love relationship;
- Polygamous relationships potentially mean many claims.
Hilary Dudley, Citadel’s Fiduciary MD, says estate planning is part of an investment strategy.
Here are five insights she advises you to consider:
- One size does not fit all
Planning for a smaller family may differ to a larger family.
- Not having a will affects your family
The last thing you want is for your will to be invalid because it fails to meet the necessary legal requirements .
- Executorship is essential
Consider nominating an alternative executor if your initial nominated executor is unable to accept the nomination.
4.Transfer wealth over generations
The families who succeeded are the ones who prepared their children and grandchildren for their futures by having open conversations with them.
- Talk to your family about succession.
Sharing your family’s long-term “financial mission” helps your heirs understand what their role will be in achieving this for generations to follow.
Also read: Riky Rick’s ‘wife’ fights for his assets
For more business news from Sunday World, click here.
Follow @SundayWorldZA on Twitter and @sundayworldza on Instagram, or like our Facebook Page, Sunday World, by clicking here for the latest breaking news in South Africa. To Subscribe to Sunday World, click here
