The High Court in the Western Cape has rejected Ruansa van Eeden’s urgent application for property access following her partner’s death.
Her romantic partner Wilfred Heathcoate Craythorne died in November 2023, leaving behind a complex web of legal claims and familial tensions. At the centre of the case is the property where Craythorne had resided, which became an immediate point of contention following his death.
Van Eeden claimed access to the property, asserting her long-standing relationship with the deceased and reportedly planned to live there with her children after her own lease expired. However, the court found that she did not occupy the property at the time of Craythorne’s death, which was crucial to her claim.
Van Eeden had initially provided one set of keys to Craythorne’s brother, which facilitated family access to the property for funeral arrangements. Following her inquiries about key retrieval, it was revealed that Ryan Craythorne would temporarily retain the keys until an executor was appointed.
Legal realities for unmarried partners in South Africa
In her application, Van Eeden sought a declaratory order affirming her right to occupy the property and demanded return of the keys, along with various other items that she claimed belonged to her as well as those belonging to the deceased.
However, the court concluded that the applicant’s arguments failed to substantiate a case of spoliation, which traditionally protects peaceful possession rather than merely granting access.
Judge LG Nuku found that Van Eeden had not demonstrated that she was in peaceful and undisturbed possession of the property or that she had been unlawfully deprived of access to it. Furthermore, the court assessed her attempts to argue for a life partnership with the deceased, noting the absence of compelling evidence suggesting she had a legal standing to assert claims over the property or the estate.
The judgement highlighted that such claims were matters to be resolved through formal estate proceedings rather than urgent applications. “The applicant has not established a prima facie case for the relief sought,” Judge Nuku stated in the ruling. “Matters concerning inheritance and estate distribution must follow proper legal channels as prescribed by the Administration of Estates Act.”
Under South African law, unmarried partners do not automatically inherit from each other as married spouses would. Without a valid will specifically naming the partner as a beneficiary, they often face significant legal hurdles in claiming any portion of the deceased’s estate.
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