Couples in a customary marriage should be careful about leaving a comprehensive will behind and ensure the union is registered before talking about lobola.
If consumers thought that sorting out their wills and estates can wait, the reports about the late former deputy president David Mabuza’s family fighting over his R44 million pension payout in court should be a lesson.
The highly publicised legal dispute over Mabuza’s R44 million pension payout is a cautionary tale for all South Africans in customary partnerships, advocate Sankie Morata, chief executive of Sanlam Trust, says.
“The battle, which sees two women laying claim to his estate, one through a long-standing customary union, the other with a disputed posthumous marriage certificate issued after Mabuza’s death, highlights the financial and emotional fallout that can occur when cultural traditions are not supported by clear legal formalities and estate planning.”
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How lobola, love and law intersect in your estate
Morata says this case serves as a critical lesson on how lobola, love and the law can intersect.
“The Mabuza estate dispute is a sobering, real-world example of what we advise clients on. Lobola is a deeply meaningful tradition that joins families, but it is not the final step in securing a spouse’s legal or financial future.
“This case demonstrates that without a registered marriage and a clear will, a lifetime of partnership can dissolve into legal ambiguity, leaving loved ones vulnerable and a family’s legacy in jeopardy.”
He points out that a central issue in the Mabuza case is the question of legal recognition of the marriage. “It is essential to differentiate between the cultural process of lobola and a legally recognised customary marriage.
“While lobola negotiations and ceremonies are a vital tradition, they do not automatically grant a spouse inheritance rights. For a customary marriage to be legally recognised, the Recognition of Customary Marriages Act outlines specific requirements.
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Lobola and customary marriages in the law
David Thomson, senior legal adviser at Sanlam Trust, explains that the Act states that for a marriage to be legally recognised, both partners must be older than 18 and consent to marrying under customary law.
“While the Act acknowledges that a marriage can be valid even if lobola is not paid in full, the crucial step that is often missed is registration. Couples should register their union at Home Affairs within three months.
“Failure to do so does not invalidate the marriage but it means you will need to prove the marriage with documents or witnesses in the event of death or divorce, potentially requiring affidavits or photographs to substantiate the union. That is what we see in this case.”
Formalising the marriage provides a legal foundation that protects both spouses, simplifying matters of inheritance, pension fund payouts and estate administration.
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Who is rightful beneficiary?
Morata says the Mabuza case powerfully illustrates that disputes over who is a rightful beneficiary can be avoided. A comprehensive, legally binding will is the most effective tool for clarifying your intentions and protecting your loved ones.
“A will is non-negotiable regardless of your marital status. In a situation like this, a will would explicitly have named the intended beneficiaries of your estate and other assets, potentially preventing this entire court battle.
“It allows you to provide for all your dependants, including children from different relationships and it ensures they are cared for according to your wishes. A will works together with laws such as the Maintenance of Surviving Spouses Act to protect your family.”
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How do you secure your spouse’s future beyond lobola?
Morata warns that lobola alone does not grant inheritance rights and therefore couples should take these practical steps to secure each spouse’s future:
- Draft a will. When you write a will, you can decide who inherits your money, property, or belongings, such as your spouse, family, friends, or charities. However, certain laws protect spouses and dependants from being completely disinherited. A well-drafted will helps to ensure your spouse is provided for and can prevent potential disputes. In South Africa, the Maintenance of Surviving Spouses Act ensures a surviving spouse is fairly provided for after a partner’s passing. Any partner in a legally recognised customary marriage is entitled to this support.
- Register the marriage. A marriage certificate strengthens the legal standing and ensures a smoother estate administration process. This is the legal counterpart to the cultural foundation laid by lobola.
- Nominate your beneficiaries. For your retirement fund benefits, make sure nominations are done in writing and filed with the fund trustees.
- Seek professional advice. A financial adviser or legal expert can guide your estate planning to align cultural traditions and your legal rights.
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Discuss finances and estate even before lobola negotiations
The laws governing marriage in South Africa are always evolving. A landmark Constitutional Court ruling in September 2025 now allows husbands to adopt their wives’ surnames should they choose to. This legal shift shows how modern partnerships are built on equality and choice and financial planning should reflect this, Thomson says.
“The new surname law is a positive step, showing that our legal framework is changing with the times. This same forward-thinking approach should be applied to financial matters. Before starting lobola negotiations, couples should discuss and decide how their assets and debts will be shared in the marriage (this is their marital property regime).
“Unless you sign an antenuptial contract, you are automatically married in community of property, which means everything you own and owe is shared equally. This can be a risk and therefore it requires careful consideration.”
Lobola is starting point
Morata points out that lobola is the starting point and not the end of your financial planning. “Lobola is the starting point for building a family. The complex circumstances surrounding the Mabuza estate should serve as a wake-up call for every couple.
“By taking the steps to register the marriage legally and draft a clear, professional will, couples can honour their cultural traditions while building a secure and unambiguous financial future.”
