Understanding Intestate Succession in Nigeria: What Happens When There’s No Will?
Introduction
When a person dies without leaving behind a valid will, the distribution of their estate can become a complex and sometimes contentious process. This situation is known as intestate succession. In Nigeria, intestate succession is governed by a combination of statutory law, customary law, Islamic law, and judicial precedents, depending on the deceased’s circumstances, religion, and cultural background. Families often find themselves in conflict when there is no will, especially when property, land, or business assets are involved. Understanding these rules is therefore vital for every Nigerian to avoid disputes and ensure smooth transfer of assets.
At Chaman Law Firm, we have witnessed countless families torn apart due to misunderstandings about inheritance. This article provides a detailed guide on intestate succession in Nigeria, explaining the applicable laws, the rights of spouses and children, the role of administrators, the procedures in court, and practical steps to prevent conflict. Whether you are a property owner planning your estate or a beneficiary seeking clarity on your rights, this guide will help you understand the law and protect your interests.
What Is Intestate Succession?
Intestate succession occurs when a person dies without leaving a valid will, or when their will fails to cover all of their property. In such cases, the estate—consisting of houses, land, money, businesses, vehicles, and other belongings—is distributed according to legal rules rather than the personal wishes of the deceased.
In Nigeria, intestate succession is not uniform. It depends on the type of marriage the deceased contracted, their cultural background, and their religion. A man married under the Marriage Act in Lagos will have his estate distributed differently from one married under customary law in Anambra or Islamic law in Kano.
The Legal Framework Governing Intestate Succession
The first pillar is the Administration of Estates Law, which applies in many states for individuals married under the Marriage Act. This law lays down statutory rules for distributing property when no will exists.
The second pillar is the Marriage Act and Matrimonial Causes Act. The type of marriage contracted determines which law applies. Where a person marries under the Marriage Act, statutory rules usually govern intestate succession, while customary or Islamic marriages often follow traditional rules.
The third pillar is Customary Law, which differs across Nigeria’s many ethnic groups. For instance, under Igbo customary law, inheritance was traditionally patrilineal, while Yoruba customary law allowed more flexible sharing among children.
The fourth pillar is Islamic Law (Sharia), which applies to Muslims in Northern Nigeria and elsewhere. Sharia provides precise fractions for distributing property among spouses, children, parents, and other relatives.
Finally, there is Case Law and Judicial Precedents. Nigerian courts have delivered important rulings on intestate succession, especially in protecting the rights of women and daughters under customary law.
Key Principles of Intestate Succession
A common misconception in Nigeria is that the “next of kin” automatically inherits a person’s property. This is not true. A next of kin is only an emergency contact or representative; inheritance is determined strictly by law.
The rights of spouses vary depending on the applicable law. Under statutory law, a surviving spouse is entitled to a share of the estate, often alongside children. Under some customary laws, widows were historically excluded, though court rulings now challenge such discrimination.
The rights of children are central. Under statutory law, legitimate, illegitimate, and adopted children generally share in the estate. Under certain customary practices, only male children inherited, though recent court rulings now recognize daughters.
The extended family may also have claims, particularly under customary law, where brothers, uncles, and cousins sometimes seek rights over the estate.
Types of Intestate Succession
Two main situations arise:
Total Intestacy – where no will exists at all.
Partial Intestacy – where a will exists but does not cover all assets.
Courts sometimes also draw a line between urban property, governed by statutory law, and ancestral or rural land, governed by customary law. This dual application frequently leads to disputes.
Distribution of Property Under Different Legal Systems
Under statutory law, the surviving spouse and children are the primary beneficiaries, followed by parents, siblings, and then more distant relatives.
Under customary law, distribution varies. In many Igbo communities, the eldest son traditionally inherits the family house, while other children may receive different assets. Among the Yoruba, property is often divided among children, though the method depends on specific customs.
Under Islamic law, Sharia prescribes fixed shares. A widow receives one-quarter of the estate if there are no children, or one-eighth if there are children. Sons generally receive double the share of daughters, and parents and other relatives may also receive portions.
Gender Issues and Discrimination
Historically, Nigerian customary law often disadvantaged women. Widows were denied rights to their husband’s property, and daughters were sometimes excluded entirely. However, constitutional provisions guaranteeing equality and human rights have led to significant judicial intervention.
In Mojekwu v. Mojekwu (1997), the Court of Appeal condemned the discriminatory Nnewi custom that disinherited women. In Ukeje v. Ukeje (2014), the Supreme Court affirmed that daughters cannot be excluded from inheritance under Igbo custom. These rulings mark a turning point in intestate succession law.
Obtaining Letters of Administration
Where a person dies intestate, family members must apply for Letters of Administration at the Probate Registry to gain authority to manage and distribute the estate.
The process involves:
Filing an application with supporting documents such as the death certificate and list of assets.
Publication of notice to the public to invite objections.
Provision of sureties, who guarantee that the administrators will manage the estate properly.
Issuance of the Letters of Administration by the court.
This process can take several months, and delays are common in congested probate registries.
Challenges in Intestate Succession
Intestate succession often creates disputes. Rival family members may make conflicting claims. Fraudulent attempts to seize assets are common. Cultural clashes between statutory and customary laws complicate matters, especially where the deceased owned property in both urban and rural areas. Long delays in court also make resolution difficult.
Landmark Court Cases
Mojekwu v. Mojekwu (1997) – struck down discriminatory customs against women.
Ukeje v. Ukeje (2014) – Supreme Court confirmed female children’s right to inherit property under Igbo law.
Agbai v. Okagbue (1991) – examined the effect of customary practices in succession.
These cases reflect the judiciary’s evolving role in balancing tradition with constitutional rights.
Practical Examples
Imagine a businessman married under the Marriage Act in Lagos who dies without a will. His urban properties will be distributed under statutory law to his wife and children. But his ancestral land in the village may be governed by customary law, creating potential conflict between his nuclear family and extended family members.
Preventing Disputes
The best way to avoid intestate succession disputes is proper estate planning. Nigerians are encouraged to write wills, establish trusts, use joint ownership of property, and openly discuss inheritance plans with family members. Lawyers also advise clients to update estate plans regularly, especially after marriage, childbirth, or major acquisitions.
Role of Lawyers and Probate Registries
Lawyers play a crucial role in guiding families through intestate succession, filing probate applications, representing beneficiaries in disputes, and protecting the vulnerable from exploitation. Probate Registries ensure compliance and supervise estate administration.
Frequently Asked Questions
Does next of kin automatically inherit property?
No. They are only a contact person. Inheritance is determined by law.
Who inherits first under statutory law?
The surviving spouse and children.
Can daughters inherit under Igbo customary law?
Yes. The Supreme Court has ruled that exclusion of daughters is unconstitutional.
Conclusion
Intestate succession in Nigeria is complex, influenced by statutory law, customary traditions, and Islamic law. Without a will, families often face disputes, delays, and even injustice. Court judgments have made progress in protecting women and children, but conflicts remain frequent.
The surest way to protect your family’s future is by preparing a valid will or estate plan. At Chaman Law Firm, we provide expert services in will drafting, estate planning, probate representation, and resolution of succession disputes. Do not leave your loved ones vulnerable—secure their future today.
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