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The Powerful Difference Between Testate and Intestate Succession: A Smart Legal Guide
Inheritance rights determine who has the legal right to claim your property after death. In general, children and grandchildren have no legal right to inherit a deceased parent or grandparent’s property. This means that if children or grandchildren are not included as beneficiaries, they will not, in all likelihood, be able to contest the Will in court.
However, if children were excluded as beneficiaries accidentally, most states will allow children to contest the Will. For example, if an individual created a Will that included existing children and then had or adopted a child after the creation of the Will and did not update it to include this new child, the state will very often recognize the new child’s right to some of the assets. In this type of situation, the state assumes that the parent did not intentionally disinherit the child, but did so accidentally.
Whatever arrangements you choose to make in terms of naming beneficiaries and distributing your assets, it’s a good idea to have a conversation with your family about the arrangements you’ve made. By talking openly about your decisions with your family members or other people you’ve named as beneficiaries in your Will, you can help your family avoid surprises, disappointments, and conflict. If you’ve made choices that you think your family might disagree with, talking about the choices you’ve made can offer you an opportunity to explain your reasons for making these decisions, which can hopefully help your family avoid conflict in the future.
Conclusion: Inheritance Rights in Nigeria
Inheritance rights in Nigeria are a fundamental aspect of property law, ensuring that the assets of a deceased person are fairly distributed among their heirs. The legal framework governing inheritance is shaped by statutory laws, customary traditions, and religious doctrines, creating a dynamic but sometimes conflicting system. The primary distinction lies between testate succession, where a valid will dictates asset distribution, and intestate succession, where statutory or customary laws determine heirs in the absence of a will. However, despite these laws, inheritance disputes remain common due to factors such as gender bias in customary inheritance, disagreements among heirs, and challenges in enforcing wills. Legal interventions, such as court rulings, have increasingly sought to uphold fairness, particularly in cases where cultural practices may deny certain individuals—especially women—their rightful inheritance.
One of the biggest challenges facing inheritance in Nigeria is the interplay between customary law and statutory law. While the Wills Act and Administration of Estates Laws govern inheritance matters under statutory law, many communities still adhere to traditional customs that sometimes contradict these legal provisions. For instance, in some cultures, female children or widows may face discrimination when inheriting property, despite legal rulings affirming their rights. Landmark cases such as Ukeje v. Ukeje have helped in redefining inheritance rights, particularly by affirming that female children have equal inheritance rights under statutory law, regardless of customary practices. However, enforcement remains an issue, as many Nigerians continue to resolve inheritance disputes through traditional means, which may not always align with modern legal principles.
To safeguard inheritance rights and minimize disputes, individuals must take proactive steps in estate planning. Drafting a valid will is one of the most effective ways to ensure that assets are distributed according to one’s wishes. Additionally, setting up trusts or joint ownership arrangements can further protect beneficiaries from legal battles and undue delays in accessing their inheritance. Legal education and awareness campaigns also play a crucial role in bridging the gap between traditional beliefs and statutory inheritance laws. By encouraging more people to formalize their estate plans and understand their legal rights, the Nigerian legal system can work towards a more equitable and efficient inheritance process. For personalized legal advice on estate planning, will drafting, and probate matters, consult CHAMAN Law Firm for professional assistance tailored to your needs.
NB: This article is not a legal advice, and under no circumstance should you take it as such. All information provided are for general purpose only. For information, please contact chamanlawfirm@gmail.com
WRITTEN BY CHAMAN LAW FIRM TEAM
EMAIL: chamanlawfirm@gmail.com
TEL: 08065553671, 08024230080