Synopsis:
Application for confirmation of order, made by High Court, of constitutional invalidity of s.1(1) of the Intestate Succession Act to the extent that it does not provide for same sex life partners to inherit by intestate succession from one another. This defect was cured by an order reading the words 'or permanent same sex life partner with reciprocal duties of support' into the Act. The order is to operate with limited retrospectivity to minimise disruption to the administration of estates. Order confirmed in a unanimous judgment by Van Heerden AJ.
