Navigating inheritance rights: lessons from the R44 million Mabuza estate

The unfolding legal battle over the late former Deputy President David Mabuza’s R44 million pension payout has become a cautionary tale for South Africans in customary partnerships.

With two women laying claim to his estate, one through a long-standing customary union, the other via a disputed posthumous marriage certificate issued after his death, the case exposes the emotional and financial turmoil that can arise when legal formalities and proper estate planning do not align with cultural practices.

Advocate Sankie Morata, chief executive of Sanlam Trust, says the Mabuza matter is a stark reminder of how lobola, love, and the law can collide.

“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,” says Morata.

At the heart of the dispute lies the issue of legal recognition. While lobola is a cherished cultural tradition, it does not automatically confer inheritance rights. For a customary marriage to be legally recognised, it must meet the requirements set out in the Recognition of Customary Marriages Act.

David Thomson, senior legal adviser at Sanlam Trust, says: “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 isn’t paid in full, the crucial step that is often missed is registration. Couples should register their union at the Department of Home Affairs within three months. Failure to do so doesn't invalidate the marriage; however, it means you’ll 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. And that is what we are seeing in this case.”

Registering the marriage provides a legal foundation that protects both spouses and simplifies matters such as inheritance, pension payouts, and estate administration.

Morata says the Mabuza case underscores the importance of having a legally binding will. Without one, disputes over rightful beneficiaries can spiral into lengthy and costly court battles.

“Regardless of your marital status, a will is non-negotiable. 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 ensures they are cared for as you would wish. A will works together with laws like the Maintenance of Surviving Spouses Act to protect your family," Morata says.

To safeguard each partner’s future, Morata and Thomson say couples should take the following practical steps:

• Draft a will: Decide who inherits your assets, whether it’s your spouse, children, extended family, or charitable organisations. A well-drafted will ensures your wishes are respected and helps prevent disputes. The Maintenance of Surviving Spouses Act ensures that surviving spouses in legally recognised customary marriages are fairly provided for.
• Register the marriage: A marriage certificate strengthens legal standing and streamlines estate administration. It complements the cultural significance of lobola with legal certainty.
• Nominate beneficiaries: Ensure your retirement fund nominations are submitted in writing and filed with the fund trustees.
• Seek professional advice: A financial adviser or legal expert can help align your cultural practices with legal protections.

South African marriage laws continue to evolve. In a landmark ruling in September 2025, the Constitutional Court affirmed that husbands may adopt their wives’ surnames, reflecting a shift towards equality and personal choice in modern unions.

“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 commencing lobola negotiations, couples should discuss and decide how their assets and debts are to 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, so it requires careful consideration," says Thomson.

According to Morata, Lobola marks the beginning of building a family, but it should also be the beginning of sound financial planning. The Mabuza estate saga is a wake-up call for couples to formalise their unions and protect their legacies.

“Ensuring your estate plan is in order is an act of love and responsibility. Having these conversations early provides peace of mind and financial stability. Expert advisers can help you navigate the complexities of customary marriage and estate law to ensure your legacy is one of security, not dispute,” Morata says.

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