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Maintenance of Surviving Spouses Act, 1990 (Act No. 27 of 1990)

1. Definitions

 

In this Act, unless the context otherwise indicates—

 

"court"

means a court as defined in section 1 of the Administration of Estates Act, 1965 (Act No. 66 of 1965);

 

"executor"

means an executor as defined in section 1 of the Administration of Estates Act, 1965, or any person who liquidates and distributes an estate on the instructions of the Master;

 

"marriage"

for the purposes of this Act includes a permanent life partnership in which the partners undertook reciprocal duties of support;

[Definition inserted by section 15(a) of the Judicial Matters Amendment Act, 2023, Notice No. 4597, GG 50430, dated 3 April 2024]

 

"Master"

means a Master as defined in section 1 of the Administration of Estates Act, 1965;

 

"own means"

includes any money or property or other financial benefit accruing to the survivor in terms of the matrimonial property law or the law of succession or otherwise at the death of the deceased spouse;

 

"spouse"

for the purposes of this Act, includes a person in a permanent life partnership in which the partners undertook reciprocal duties of support;

[Definition inserted by section 15(b) of the Judicial Matters Amendment Act, 2023, Notice No. 4597, GG 50430, dated 3 April 2024]

 

"survivor"

means the surviving spouse in a marriage dissolved by death, and includes —

(a) the surviving partner of a permanent life partnership terminated by the death of one partner in which the partners undertook reciprocal duties of support and in circumstances where the surviving partner has not received an equitable share in the deceased partner’s estate; and
(b) a spouse of a customary marriage which was dissolved by a civil marriage contracted by her husband in the customary marriage to another woman on or after 1 January 1929 (the date of commencement of sections 22 and 23 of the Black Administration Act, 1927 (Act No. 38 of 1927)), but before 2 December 1988 (the date of commencement of the Marriage and Matrimonial Property Law Amendment Act, 1988 (Act No. 3 of 1988)).

[Definition substituted by section 15(c) of the Judicial Matters Amendment Act, 2023, Notice No. 4597, GG 50430, dated 3 April 2024]