movables, including the motor car of the deceased, from the property. On the 6th May 2005 the first respondent telephoned the applicant and informed him that he had been nominated by the second- and third respondents as executor of the estate. He asked for an inventory of the movable assets on the property and for an indication from the applicant as to whom they belonged to. He followed it up with a letter on the same day repeating the request.
[10] On 25 May 2005 the attorneys of the applicant respondent to the letter of 6 May. It was stated that the applicant and the deceased were same-sex life partners, that the deceased died intestate and that as the deceased did not have children the applicant was the sole heir of the estate. It was stated that assets had been removed but that the applicant did not want to act unreasonably. It was suggested that the parties get together and settle the matter amicably.
[11] In the reply of 30 May 2005 the first respondent agreed that the applicant and the deceased had been same-sex partners but denied that he is the intestate heir. The attorneys were invited to inform the first respondent of the legal authority on which they based their claim. On 7 June the attorneys undertook to compile a dossier of case law. On 8 June they again informed the first respondent that there is a dispute about who the lawful heir is. They also stated that the first respondent's clients, the second- and third respondents, were not entitled to believe that they were the intestate heirs and that they had the right to appoint the executor. On 10 June the applicant's attorneys sent an index of case law dealing with the rights of same-sex life partners to the first respondent and it was stated that in the light of the development of the rights of same-sex partners over the previous eleven years the provisions of the Act were unconstitutional. On the same date notice was given to the Master that the applicant intended to lodge a claim.
[12] On 7 July another firm of attorneys came on record as attorneys for the applicant. They requested the first respondent to resign as executor. They referred to the dispute, voiced a concern about the safekeeping of the assets and threatened with an
