What to Do When a Loved One Dies Without a Will – Legal Advice in Nigeria
Introduction
Losing a loved one is one of life’s most painful experiences. Amid the grief and emotional trauma, the responsibility of managing the deceased’s affairs can be overwhelming—especially when they die without a valid will. In Nigeria, when someone dies intestate (without a will), it often leads to confusion, disputes, and legal bottlenecks if not handled properly. Understanding the legal steps, rights, and obligations involved is crucial for protecting family assets and ensuring lawful distribution. This article provides practical legal advice on what to do when a loved one dies without a will in Nigeria—from securing their property to obtaining a Letter of Administration and handling potential conflicts.
Understanding Intestacy in Nigeria
What Does It Mean to Die Intestate?
A person is said to have died intestate when they pass away without leaving a valid will to guide the distribution of their estate. In such cases, the administration of the deceased’s estate is governed by Nigerian intestacy laws, customary laws, or Islamic succession rules, depending on the deceased’s religion, marital status, and domicile.
Legal Consequences of Dying Without a Will
- The estate cannot be accessed or distributed legally without obtaining a Letter of Administration.
- Assets such as bank accounts, land, vehicles, and pensions are frozen.
- Family members must go through a court process to be legally appointed as administrators.
- Disputes may arise among relatives over who should manage or inherit the estate.
- The estate may be exposed to mismanagement, fraud, or loss if not legally protected.
Step-by-Step Legal Guide: What to Do First
1. Confirm That No Will Exists
Before concluding that your loved one died intestate, make diligent efforts to:
- Search for a will among the deceased’s documents.
- Contact close relatives, lawyers, or religious leaders.
- Inquire with banks, churches, or law firms they may have used.
If no will is found after proper investigation, then the estate will be treated as intestate.
2. Secure the Deceased’s Property Immediately
Take urgent steps to secure:
- The deceased’s home and personal property
- Vehicles, documents, and financial records
- Title documents for land or buildings
- Debit/ATM cards, cheque books, and mobile phones (for bank apps)
If not secured early, unscrupulous individuals may loot or transfer the assets illegally.
3. Obtain the Death Certificate
A death certificate is required for all legal proceedings. You can obtain it from:
- The hospital where the death occurred
- The National Population Commission (NPC) if death occurred at home
Ensure the name, date of birth, and cause of death are correctly stated.
4. Identify the Next of Kin
Determine the legal next of kin. Nigerian intestacy laws typically recognize:
- Spouse
- Children (legitimate and, in some cases, illegitimate)
- Parents
- Siblings
- Other blood relatives
Priority is usually given in the order listed above, though this may vary depending on the family structure or local customary laws.
How to Apply for a Letter of Administration
What Is a Letter of Administration?
It is a legal document issued by the Probate Registry of the High Court that authorizes a person to manage and distribute the estate of someone who died without a will.
Without it, banks will not release funds, lands cannot be transferred, and the estate remains locked.
Who Can Apply?
Persons entitled include:
- Surviving spouse
- Children (aged 18+)
- Parents or siblings (if no spouse/children)
- Customary family head (where applicable)
Documents Required
- Original death certificate
- Completed probate forms (issued at the High Court Probate Registry)
- Passport photographs
- Affidavit of next of kin
- Inventory of assets
- Proof of relationship (e.g., marriage or birth certificate)
- Surety forms signed by two guarantors
- Identity documents of applicants and sureties
Process Overview
- Pick up application forms from the Probate Registry
- Fill and submit the forms with supporting documents
- Pay statutory fees and estate assessment fees
- Newspaper publication announcing the application (to allow objections)
- Probate vetting and review
- Grant of Letter of Administration (if no objections arise)
Distribution of Property Under Intestacy Laws
Statutory Guidelines
Where there is no will, the Administration of Estates Law and Marriage Act guide the distribution of property.
If the deceased was legally married under the Act, the estate is distributed as follows:
- Spouse: One-third
- Children: Two-thirds
- If no children: Split between spouse and surviving parents
For customary marriage, property is distributed according to the native law and customs of the community.
Islamic Law (Sharia)
In northern Nigeria and among Muslims, intestacy is governed by Islamic succession laws, with fixed shares allocated to each category of heirs as per the Quran.
Common Issues That Arise When There’s No Will
- Multiple family members claiming rights
- Disputed paternity or legitimacy
- Challenge over marital status
- Arguments over property location or ownership
- Unknown or hidden debts
- Fraudulent actions by relatives
- Missing or stolen documents
A probate lawyer plays a critical role in helping the family navigate and resolve these disputes.
Customary vs. Statutory Succession: Key Differences
| Criteria | Customary Law | Statutory Law |
|---|---|---|
| Applicable To | Traditional or non-statutory marriages | Statutory marriages (Marriage Act) |
| Widow’s Rights | Often limited or disputed | Clearly defined and protected |
| Daughters’ Inheritance | Often excluded or limited | Equal rights with sons |
| Communal Influence | Family elders play a key role | Court-administered |
| Legal Framework | Unwritten customary rules | Administration of Estates Law |
Real-Life Case Study (Lagos Family)
Mr. Adekunle died suddenly without a will, leaving behind his wife and four children. His two brothers claimed that under their Yoruba custom, they were entitled to administer his estate. The widow approached a probate law firm in Lagos and filed for a Letter of Administration as the statutory wife. After court review, she was appointed administrator and managed the estate fairly, resolving the dispute.
Lesson: Get legal help early and rely on statutory processes to avoid manipulation.
How a Probate Lawyer Can Help
Hiring a lawyer can:
- Guide you through the application process
- Help resolve family disputes
- File court documents quickly and correctly
- Assist with asset recovery and title perfection
- Act as a neutral third party during family mediation
The right law firm simplifies the process and ensures no mistake leads to long delays.
FAQs About Dying Without a Will in Nigeria
Q: Can someone inherit land without a will?
Yes, by applying for a Letter of Administration and proving legal relationship.
Q: What if someone else has taken over the property?
Legal action can be taken to recover such property once you have the Letter of Administration.
Q: How long does the process take?
Anywhere from 3 to 12 months, depending on the complexity of the estate and presence of disputes.
Q: Can a woman inherit her husband’s property without a will?
Yes, under statutory laws, but may face limitations under some customary laws.
Q: What if the deceased had assets in multiple states?
Separate Letters of Administration may be needed in each jurisdiction, or one covering all may suffice if properly filed.
Preventive Measures: Plan Ahead
To prevent future challenges:
- Make a will today
- Keep asset documents in a safe place
- Educate family members about the estate
- Consider setting up a trust
- Appoint a legal guardian for minors
Estate planning saves your family stress and protects your legacy.
Why Choose Chaman Law Firm for Probate and Estate Matters
At Chaman Law Firm, we offer:
- Legal advice tailored to your family’s needs
- Seamless application for Letters of Administration
- Mediation and dispute resolution
- Real estate verification and recovery
- Probate litigation support
We serve clients across Lagos and all parts of Nigeria with dignity, compassion, and professionalism.
Conclusion
When a loved one dies without a will in Nigeria, it is not the end of the world—but it must be handled with urgency, sensitivity, and legal guidance. Taking the right steps—securing the estate, applying for the Letter of Administration, and seeking expert help—ensures that the deceased’s legacy is protected and peace is maintained in the family. Don’t wait for problems to escalate—handle the matter lawfully and wisely.
Need Help with Estate Matters?
We are here for you.
📍 Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel, Ikeja, Lagos
📞 0806 555 3671
📧 chamanlawfirm@gmail.com
🌐 www.chamanlawfirm.com