If your partner dies without a will, do you inherit?

The short answer

If your partner dies with a valid will leaving you something, you inherit it, simple. If your partner dies without a will, you may now be able to inherit as a surviving permanent life partner, but only by proving your relationship in a way the law accepts. Relying on that is far riskier than just making wills.

The old default

When someone dies without a will, their estate is shared out under the Intestate Succession Act. That Act was built around spouses and blood relatives. For years a cohabiting partner was not on the list at all, so a life partner of twenty years could be left with nothing while the estate went to the deceased’s parents or siblings.

What Bwanya, and 2024, changed

In Bwanya v Master of the High Court (2021), the Constitutional Court ruled it unconstitutional to shut surviving permanent life partners out of intestate inheritance. Then it became settled law: a change that took effect on 3 April 2024 wrote permanent life partners into the Act. So a surviving partner who can prove the relationship is now recognised as a beneficiary when there is no will.

What you have to prove

The protection is not handed over. To inherit as a surviving life partner you generally have to show yours was a permanent life partnership in which the two of you had taken on a mutual duty of support, that you genuinely supported each other as a family. Evidence can include shared finances, a shared home, joint responsibilities, and how you presented your relationship over the years. The burden is on you, and relatives can fight it.

Why a will is still essential

The 2024 change is a safety net, not a substitute for planning. With a valid will, your partner inherits because you said so in writing. No proving the nature of your relationship, no fight with family, no waiting on an uncertain claim. Without one, even a strong case means stress and cost at the worst possible time.

The separate maintenance claim

Inheriting a share of the estate is one thing. Claiming ongoing maintenance from the estate is a different claim, for a survivor who was left out of the will or under-provided for. The same Bwanya case and the 2024 change opened that door too. Because it has its own steps, forms and deadlines, we cover it on its own: see claiming maintenance from a deceased partner’s estate.

What to do now

1. Each make a valid will naming the other partner. This is the priority.
2. Sign a cohabitation agreement recording who owns what.
3. Update the beneficiary forms on pensions, retirement annuities and life policies, which pass outside the will.
4. Keep evidence of your life together (shared accounts, address, responsibilities) in case a claim is ever needed.

Questions people ask us

My partner died without a will. What do I do first?

Contact the Master of the High Court about reporting the estate, and get advice early. As a permanent life partner you may have a claim, but it is time-sensitive and must be proved.

Does a cohabitation agreement replace a will?

No. The agreement governs your relationship while you are both alive. Only a will controls who inherits when you die. You need both.

We are not married but have a child. Does the child inherit?

A child generally inherits from a parent under intestate succession regardless of the parents’ marital status. That is separate from whether the surviving partner inherits.