Supreme Court Act, 1959
R 385
spouse
in relation to any deceased person, includes a person who at the time of death of such deceased person was the partner of such person —
| a) | in a marriage or customary union recognised in terms of the laws of the Republic; |
| b) | in union recognised as a marriage in accordance with the tenets of any religion; or |
| c) | in a same-sex or heterosexual union which the Commissioner is satisfied is intended to be permanent. |
Provided that a marriage or union contemplated in paragraph (b) or (c) shall, in the absence of proof to the contrary, be deemed to be a marriage or union without community of property.
