Bianca Naidoo appointed executor of Rick's estate
The Home Affairs Department has abandoned its bid to stop the life partner of musician Ricardo ‘Riky Rick’ Makhado from being appointed executor of his estate, reports EWN.
The department was opposed to Bianca Naidoo being recognised as his legal wife.
Naidoo, his partner of nine years and the mother of Makhado’s children, had sought to prove that their union was equivalent to a marriage and was recognised by both their families.
Makhado, died in February this year.
Without a will, the master of the court has had to determine an executor for Makhado’s estate. Naidoo and Makhado’s family agree that the two were as good as married when he died, and she should be recognised as his spouse.
However, Home Affairs opposed this - insisting that she be declared the permanent opposite sex life partner instead.
Specialist family lawyer Beverley Clark explains, ‘What our courts have done is, they have said that the word spouse in Intestate Succession Act and the Maintenance of Surviving Spouses Act must be read to include permanent life partners who have undertaken reciprocal duties of support to each other during the duration of their relationship.’
Clark said this only applies in the event of death. As the permanent life partner, Naidoo will now be appointed executor of Makhado’s estate.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
