Lagos Inheritance Law Explained: Family Inheritance Rights

Introduction

Inheritance remains one of the most delicate subjects in Lagos and across Nigeria. Families are often torn apart not because there is no wealth, but because there was no clarity in law, documentation, and intention. Disputes over property, money, and family assets have destroyed legacies built over decades.

Understanding Lagos inheritance law is therefore not only a legal necessity—it is an act of wisdom and foresight. Whether you are a parent seeking to protect your family, a beneficiary trying to claim your rights, or an executor handling an estate, knowledge of how inheritance law operates in Lagos can help you prevent costly legal battles.

This guide explains the key principles of Lagos inheritance law, family rights under customary, statutory, and Islamic law, and the proper steps to secure property transfer after death.

1. What Is Inheritance Law?

Inheritance law is the branch of law that governs how a person’s assets are distributed after death. It regulates who is entitled to what portion of the estate, how succession is carried out, and which legal instruments—such as wills or letters of administration—govern the process.

In Lagos, inheritance law operates under three main regimes:

1. Statutory (English-based) succession law.
2. Customary law succession.
3. Islamic (Sharia) succession.

Each regime applies depending on the personal law of the deceased—that is, the system they lived under or professed before death.

2. The Legal Framework for Inheritance in Lagos

Inheritance law in Lagos is shaped by a combination of federal and state legislation as well as customary principles. The major statutes include:

• The Wills Law of Lagos State (1990 as amended): governs making, revocation, and validity of wills.
• The Administration of Estates Law of Lagos State (Cap A3 LFN): governs intestate succession (where no will exists).
• The Probate Rules: regulate the grant of probate and letters of administration.
• The Land Use Act 1978 (Cap L5 LFN 2004): governs ownership and transfer of land.
• The Marriage Act and Matrimonial Causes Act: affect inheritance rights of spouses married under statute.
• Customary Courts Law: governs family inheritance under native law and custom.

Understanding which of these laws applies depends on the marital status, religion, and domicile of the deceased.

3. Types of Inheritance Systems in Lagos

(a) Statutory or English Law Inheritance

Applies to persons married under the Marriage Act (popularly known as Court Marriage) and who died leaving property governed by statutory law.

• The estate is administered through the Probate Registry of the High Court.
• Distribution follows the will (if any) or the Administration of Estates Law (if intestate).
• Surviving spouse and children are primary beneficiaries.

(b) Customary Law Inheritance

Applies to persons married or living under native customs without statutory marriage.
Succession depends on ethnic origin: Yoruba, Igbo, or Edo customary law may differ.

(c) Islamic (Sharia) Inheritance

Applies to Muslims. Distribution is guided strictly by Islamic law, which provides fixed fractional shares for heirs (e.g., one-eighth for a wife, two-thirds for daughters in certain cases).

4. Key Terms in Lagos Inheritance Law

• Estate: The totality of property, rights, and obligations left by a deceased person.
• Executor: A person appointed under a will to administer the estate.
• Administrator: A person appointed by the court when there is no will.
• Probate: Court authority to administer a will.
• Letters of Administration: Court authority to administer an intestate estate.
• Next of Kin: A person recognized for emergency or administrative purposes (not necessarily an heir).

5. Inheritance When There Is a Valid Will

When a deceased person leaves a valid will, the property is distributed according to their wishes.

Requirements for a Valid Will

Under the Lagos Wills Law:

1. The testator must be at least 18 years old.
2. The will must be in writing.
3. The will must be signed by the testator and witnessed by at least two competent witnesses.
4. The testator must be of sound mind and act voluntarily.

Once admitted to probate, the executor has authority to collect assets, pay debts, and distribute the balance to beneficiaries.

6. Inheritance Without a Will (Intestate Succession)

If a person dies intestate—without a valid will—distribution follows the Administration of Estates Law of Lagos State.

Order of Entitlement

1. Surviving spouse.
2. Children (including legally adopted children).
3. Parents.
4. Siblings of the whole blood.
5. Half-siblings.
6. Grandparents.
7. Uncles and aunts.

Where none of these exist, the property escheats to the State.

7. Rights of the Surviving Spouse

(a) Under Statutory Law

The surviving husband or wife has a right to:

• Occupy the matrimonial home.
• Receive a portion of the deceased’s estate.
• Apply for letters of administration jointly with children.

(b) Under Customary Law

Traditionally, widows had limited rights, but Lagos courts now interpret customary law liberally to protect widows’ interests, emphasizing fairness and constitutional equality.

(c) Under Islamic Law

The wife’s or husband’s shares are fixed by the Qur’an—ensuring automatic entitlement without court discretion.

8. Rights of Children in Inheritance

Children, whether male or female, legitimate or adopted, enjoy inheritance rights under Lagos law.

Key Principles

• Under statutory law, all children share equally.
• Under Yoruba customary law, eldest sons may receive principal family houses, but this is being phased out by equity.
• Under Islamic law, sons take twice the share of daughters (based on Qur’anic injunctions).

9. Inheritance of Property Owned Under Customary Tenure

Where land is family property under customary law, no single member can dispose of it without consent of family heads and principal members.

Courts in Lagos have repeatedly held that sale or transfer of family land by one member without authority is voidable.

10. The Doctrine of Family Property in Lagos

Under Yoruba custom, property inherited by a family becomes family property—managed by family heads for the collective benefit of members.
Such property:

• Cannot be divided without family consent.
• Must be sold jointly by principal members.
• Gives every blood member beneficial interest.

Disputes over family property form a significant part of Lagos land litigation today.

11. Female Inheritance Rights and Equality Under the Constitution

Section 42(1) of the Constitution of the Federal Republic of Nigeria (1999) prohibits discrimination based on sex.
Courts have relied on this to invalidate customary rules excluding women from inheritance (e.g., Mojekwu v. Mojekwu).

Today, daughters and widows can inherit property under Lagos law—customary or statutory—without restriction.

12. Step-by-Step: How to Administer an Estate in Lagos

1. Obtain Death Certificate.
2. Apply to Probate Registry for grant of probate or letters of administration.
3. Publish Notice of Application in newspapers for 21 days.
4. Valuate Assets through estate valuers.
5. Pay Estate Duties as assessed.
6. Collect and Manage Assets.
7. Settle Debts and Taxes.
8. Distribute Remaining Estate to beneficiaries.

13. The Role of the Probate Registry

The Probate Registry of the High Court of Lagos State supervises all estate administrations.
It issues:

• Grants of probate.
• Letters of administration.
• Sealing and resealing of foreign probates.
• Caveats and dispute notices.

No person may lawfully deal with a deceased’s property without authority from the Probate Registry.

14. Customary Law Succession in Lagos Families

Customary succession varies by ethnic group:

Yoruba Customary Law

• Property devolves on the family as a unit.
• The eldest surviving child or family head manages it as trustee.
• Daughters now have recognized rights.

Igbo Customary Law

• Formerly excluded female children.
• Lagos courts have abolished such discrimination, ensuring equality.

Edo and Delta Customs

• Distribution often follows male-line precedence but subject to modern constitutional safeguards.

15. Islamic (Sharia) Inheritance in Lagos

For Muslims in Lagos, succession is governed by Fara’id—the Islamic law of inheritance.

Key features:

• Distribution is fixed and automatic.
• Executors administer the estate according to prescribed shares.
• Courts sitting with Islamic jurisdiction enforce such matters in Lagos.

16. Can Customary and Statutory Succession Overlap?

Yes. Many Lagos residents marry under statute but still live by customary practices.
In such cases, the form of marriage determines the applicable law:

• Statutory marriage → Statutory succession.
• Customary marriage → Customary succession.

Courts avoid double standards but will favour the intention of the deceased where clearly proven.

17. Inheritance of Jointly Owned Property

When spouses jointly own property, survivorship applies—meaning the surviving co-owner automatically retains ownership unless evidence shows distinct shares.

However, where joint ownership was merely contributory without legal transfer, it falls into the estate and must be distributed.

18. Inheritance Disputes: Common Causes

• Absence of will or valid documentation.
• Family head mismanagement of estate property.
• Sale of family land without consent.
• Discrimination against female heirs.
• Multiple marriages and competing claims.
• Delay in probate process.

19. Dispute Resolution Mechanisms

(a) Court Proceedings

The High Court of Lagos State has exclusive jurisdiction over probate and inheritance disputes.

(b) Mediation and Arbitration

Many families now prefer mediation through lawyers to preserve relationships and avoid public trials.

(c) Settlement Agreements

Parties may enter legally binding Deeds of Family Settlement to end disputes.

20. Lagos Case Law on Inheritance

Several landmark judgments have shaped inheritance rights in Lagos:

• Mojekwu v. Mojekwu (1997): struck down discriminatory Igbo custom.
• Adesubokan v. Yinusa (1971): established female inheritance rights under Yoruba custom.
• Amodu Tijani v. Secretary, Southern Nigeria (1921): recognized communal land ownership.
• Salami v. Oke (1987): clarified powers of family heads.

These cases show Lagos courts’ commitment to fairness, equity, and constitutional supremacy.

21. Protecting Your Family with Proper Estate Planning

Avoid inheritance crises by taking proactive steps:

1. Make a valid will and review it periodically.
2. Create a property trust for minors.
3. Maintain accurate property documentation—C of O, Deeds, Receipts.
4. Choose competent executors or trustees.
5. Seek professional legal advice.

22. Foreign Assets and Lagos Inheritance

When a Lagos resident owns property abroad, or a foreigner owns Lagos property, cross-border inheritance principles apply (see Foreign Wills and Lagos Property article).
Each jurisdiction must be respected separately to avoid conflicts.

23. Estate Taxation and Financial Obligations

Although Nigeria has no formal inheritance tax, the following apply:

• Stamp Duty and Registration Fees.
• Capital Gains Tax on asset disposal.
• Estate Administration Charges at Probate Registry.
• Ground Rent or Tenement Rates.

Early legal advice ensures compliance and minimizes loss to the estate.

24. Frequently Asked Questions

Q1: Can my father disinherit me in Lagos?

Generally yes, under a will—but courts can set aside the will if it’s fraudulent or violates statutory dependents’ rights.

Q2: Does a customary marriage affect inheritance?

Yes. It determines whether statutory or customary succession applies.

Q3: Can a stepchild inherit?

Only if legally adopted or expressly provided for in a will.

Q4: What happens to family land after the family head dies?

It remains family property; the next head assumes management.

Q5: Can I challenge a will?

Yes, on grounds of forgery, undue influence, lack of capacity, or improper execution.

25. The Role of Lawyers in Inheritance Matters

Professional legal guidance is essential for:

• Drafting wills and family settlements.
• Applying for probate or administration.
• Mediating inheritance disputes.
• Managing trusts and estates.
• Ensuring compliance with Lagos property laws.

At Chaman Law Firm, we combine deep knowledge of Nigerian inheritance law with practical experience to secure family peace and property protection.

26. Lagos Inheritance Planning for Diaspora Nigerians

If you reside abroad but own property in Lagos:

• Prepare a Lagos-specific will.
• Use a corporate trustee or local executor.
• Regularly update property documentation.
• Seek Nigerian legal advice before buying or transferring property.

27. Emerging Trends: Digital Estate Planning

Modern estate planning now involves:

• Digital storage of wills.
• Virtual meetings for execution (with physical signing).
• Blockchain-based asset tracking.
• Electronic filing at the Lagos Probate Registry (in pilot stages).

Lawyers at Chaman Law Firm remain at the forefront of integrating technology into inheritance management.

28. Protecting Vulnerable Beneficiaries

Parents with minors or dependents should create trusts ensuring financial stability until the child attains adulthood. Trustees can manage rent, school fees, and healthcare responsibly.

29. Preventing Inheritance Fraud

To safeguard estates:

• Verify all title documents before purchase.
• Register wills with the Probate Registry.
• Avoid secret family agreements without legal documentation.
• Monitor trustees’ activities regularly.

30. How Chaman Law Firm Assists Lagos Families

Our inheritance and estate planning services include:

• Will drafting and registration.
• Trust creation and management.
• Estate administration and probate services.
• Family dispute mediation.
• Legal representation in court.
• Advisory for diaspora and corporate estates.

Our commitment is to preserve family legacies, secure assets, and promote peaceful succession.

Conclusion

Lagos inheritance law is founded on fairness, legal precision, and social justice. Whether under customary, Islamic, or statutory law, every Lagos family deserves clarity and peace after the death of a loved one.

Proper legal documentation—especially wills and trusts—ensures that your hard-earned property benefits your family exactly as you intend.

Inheritance disputes are avoidable. With the right legal structure, you can protect your family’s wealth for generations.

Call to Action

If you need help drafting a will, managing an estate, or resolving a family inheritance dispute, we are here to guide you with professionalism and confidentiality.

Contact Us

Chaman Law Firm
115, Obafemi Awolowo Way,Allen Junction, Beside Lagos Airport Hotel,  Ikeja, Lagos
📞 0806 555 3671, 08096888818,

📧 chamanlawfirm@gmail.com
🌐 www.chamanlawfirm.com