gay chef declared heir to partner's estate

Source: Sapa

March 31, 2006: Gay chef Mark Gory was declared the sole heir to his partner's estate by the Pretoria High Court on Friday after a legal wrangle with the other man's family.

Gory and his partner, Henry Brooks, met in 2003, bought a house in 2004 and lived together as a married couple until Brooks died suddenly, without a will, in April 2005.

It was then that Brooks's family started taking things from the house, eventually forcing out Gory and selling it, contending that Gory had no claim on the estate.

In court papers, Gory explained that they established a home, lived together and shared expenses as if they were a married couple. Brooks also gave him a platinum wedding band, announcing their commitment to each other at a special party, attended by Brooks's parents.

Gory felt violated when Brooks's family started removing items from their home and eventually forced him to move out of the house.

On Friday, Judge Willie Hartzenberg declared the Intestate Succession Act unconstitutional in failing to acknowledge both spouses and partners in permanent, same-sex life relationships with reciprocal duties of support.

Ruling that the legislation needs to be changed, he declared that Gory and Brooks were indeed such partners and that, as such, Gory is the sole heir to Brooks's estate.

Hartzenberg ordered that the proceeds of the sale of the house, which was bought by the couple but registered in Brooks's name, be returned to Gory.