When a Surviving Spouse’s Maintenance Needs Take Priority Over an Heir’s Inheritance of Property

When someone passes away, many people assume that the wishes written in a will are final and that heirs will automatically receive whatever property or money they were promised. However, a recent ruling by the Supreme Court of Appeal (De Bruyn v Master of the High Court) serves as a powerful reminder that the law prioritizes a surviving spouse’s right to be maintained over an heir’s right to inherit a property (house).

The Situation

In this case, a man passed away and left his property to his daughter in his will. He also gave his wife a "usufruct," which is the right to use the property (or earn income from it) for the rest of her life.

However, the wife found that she could not afford to live on her own after he died. She filed a claim for "spousal maintenance" against the estate—essentially arguing that the estate had a legal duty to support her so she wouldn't become destitute. Because her needs were so significant, her claim for maintenance ended up taking almost the entire value of the estate, leaving the daughter with nothing.

The daughter fought this in court, arguing that the spouse’s claim was too high and that she was being cheated out of her inheritance.

What the Court Decided

The Supreme Court of Appeal ruled in favour of the wife. Here is the breakdown of why this matters:

1. The Duty of Support Survives Death The law (the Maintenance of Surviving Spouses Act) recognizes that marriage involves a mutual duty of support. This duty does not simply vanish when one spouse dies. If the surviving spouse cannot support themselves, they have a legal right to claim maintenance from the deceased person's estate.

2. Maintenance Often Trumps Inheritance The court made it clear: heirs are entitled to what is left after the estate’s debts and obligations are settled. Since a legal claim for maintenance is treated as an obligation of the estate, it must be paid out before the remaining assets can be distributed to heirs. If the maintenance claim is large enough to consume the whole estate, the heirs may receive nothing, regardless of what the will says.

3. The Burden of Proof is on the Challenger The daughter tried to argue that the wife’s claim was "unreasonable." However, the court noted that the daughter provided no evidence (such as her own expert financial report) to prove this. The wife, on the other hand, provided clear evidence of her age, her limited income, her standard of living during the marriage, and the fact that she could not independently support herself. Because the daughter failed to prove the claim was unreasonable, the court upheld the wife’s claim.

The Bottom Line

Inheriting property is not a guaranteed right that overrides everything else. If a surviving spouse is left in a position where they cannot support themselves, the law provides a safety net.

For those named as heirs in a will, this case is a warning: if you intend to challenge a surviving spouse’s maintenance claim, it is not enough to simply complain that you are losing your inheritance. You must be prepared to provide strong, objective evidence that the spouse’s claim is unfairly high or unnecessary. Otherwise, the spouse’s right to live with dignity will almost always come first.