{"id":358625,"date":"2026-08-01T12:53:09","date_gmt":"2026-08-01T12:53:09","guid":{"rendered":"https:\/\/www.europesays.com\/africa\/358625\/"},"modified":"2026-08-01T12:53:09","modified_gmt":"2026-08-01T12:53:09","slug":"girlfriend-recognised-sister-fights-for-brothers-entire-r8-3m-death-benefit-despite-inheriting-r5-8m-estate","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/africa\/358625\/","title":{"rendered":"Girlfriend recognised: Sister fights for brother’s entire R8.3m death benefit despite inheriting R5.8m estate"},"content":{"rendered":"

A woman who inherited assets worth R5.8 million from her late brother’s estate has lost her bid to prevent his long-term life partner from receiving nearly half of his R8.3 million pension fund<\/a> death benefit after the Office of the Pension Funds Adjudicator ruled that the fund had correctly recognised the long-term girlfriend a legal dependant.<\/p>\n

The dispute centred on the distribution of a death benefit of over R8.3 million following the death of a member of the Corporate Selection Umbrella Retirement Fund in May 2024.<\/p>\n

The deceased’s sister, together with her two children, challenged the fund’s decision to award 45% of the benefit to a woman identified only as “M”, whom the trustees found to be the deceased’s permanent life partner.<\/p>\n

Instead, the complainants argued that the deceased had nominated his sister as the sole beneficiary in 2005 and that “M” did not qualify as a permanent life partner under the law.<\/p>\n

The fund’s board ultimately allocated 45% of the death benefit to the sister, 45% to “M”, and the remaining 10% equally between the deceased’s niece and nephew.<\/p>\n

The complainants maintained that the deceased and “M” had never shared a household, had no joint bank accounts or financial interdependence, and that there was no evidence of a committed romantic relationship. They argued that the deceased had never referred to her as his spouse or partner, had not included her in his will, and had never nominated her as a beneficiary of his pension benefits.<\/p>\n

They further contended that WhatsApp messages exchanged between the pair reflected nothing more than a friendship.<\/p>\n

The retirement fund, however, presented evidence painting a very different picture.<\/p>\n

According to the fund, the deceased and “M” had been in a relationship for approximately 20 years and had lived together at his Sandton home from July 2023 until his death. Before then, they allegedly alternated between his home and her residence in Rivonia.<\/p>\n

The fund relied on witness statements describing the pair as living together in a committed romantic relationship. It also submitted evidence that the deceased had assumed a fatherly role towards “M’s” son and had provided financial support averaging R15,000 a month.<\/p>\n

That support included groceries, domestic services, veterinary expenses, Netflix subscriptions, fibre internet, holidays and other household costs, as well as expenses for her mother and son.<\/p>\n

The fund further stated that both the deceased’s employer and the rabbi who officiated at his funeral referred to “M” as his life partner.<\/p>\n

While the trustees accepted that the deceased had also financially supported his sister by contributing about R12,000 a month towards groceries and medication, and had assisted her children with vehicles and travel expenses, they noted that she had already inherited substantially from his estate.<\/p>\n

The sister received assets valued at R5.8 million and also benefited from the sale of the family home and insurance policies.<\/p>\n

The trustees concluded that although the sister qualified as a factual dependant, “M” qualified as a legal dependant because South African law recognises permanent life partners as spouses for purposes of pension fund death benefits.<\/p>\n

The complainants also alleged that the trustees had acted unfairly by failing to disclose important evidence relied on during the investigation and by not adequately explaining why they had reduced “M’s” proposed allocation from an initial 65% to 45%.<\/p>\n

However, Pension Funds Adjudicator Lebogang Mogashoa found that the trustees had properly applied section 37C of the Pension Funds Act, which requires retirement fund trustees to distribute death benefits equitably among dependants, regardless of beneficiary nominations contained in nomination forms or wills.<\/p>\n

Mogashoa held that while the deceased’s 2005 nomination of his sister remained a relevant consideration, it was not legally binding on the trustees.<\/p>\n

Addressing the central dispute, the adjudicator rejected the argument that maintaining separate residences automatically disqualified someone from being recognised as a permanent life partner.<\/p>\n

He said South African law acknowledges that many marriages and permanent life partnerships do not involve continuous cohabitation because of employment, financial or personal circumstances. The key question, he said, is whether there was sufficient evidence of a permanent conjugal relationship and a mutual commitment to sharing a life together.<\/p>\n

The adjudicator explained that courts typically consider several factors when determining whether a permanent life partnership exists, including the duration of the relationship, living arrangements, financial support, how family and friends viewed the relationship, the couple’s public conduct and their long-term plans. No single factor is decisive, and each case must be assessed on its own facts.<\/p>\n

After considering the evidence, Mogashoa found that the trustees had reasonably concluded that “M” qualified as the deceased’s permanent life partner.<\/p>\n

He said the decision was supported by multiple corroborating sources, including affidavits from colleagues, family members and domestic workers, as well as evidence of financial support, shared holidays and conduct consistent with a committed long-term relationship.<\/p>\n

The adjudicator dismissed the complaint and upheld the trustees’ decision to distribute the R8.3 million pension benefit by awarding 45% to the deceased’s sister, 45% to his life partner, and 5% each to his niece and nephew.<\/p>\n

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