What Happens to Lekki Property When Owner Dies Without Will?
Death is an inevitable event, but what often causes lasting problems is when a person dies without leaving a valid will. In Lagos State—and particularly in high-value locations like Lekki—this can lead to prolonged family disputes, property seizure, and even the eventual loss of valuable real estate. Many families have lost multi-million-naira properties in Lekki simply because the deceased owner failed to put their wishes in writing.
When a property owner dies without a will, the law refers to this as intestacy, and the person is said to have died intestate. In such situations, the question arises: Who becomes the rightful owner of the property? What happens to the title documents? Can the spouse or children sell or occupy the property?
This comprehensive article explains, in detail, what happens to a property in Lekki when the owner dies without a will, based on Nigerian law—specifically, the Administration of Estates Law of Lagos State, the Marriage Act, Customary Law, and Islamic Law. It also highlights how property inheritance is handled under each system, provides practical steps for family members to take, discusses common pitfalls, and includes a case study and a FAQ section to make the process clearer for Lagos residents and property investors.
Understanding Intestacy in Lagos State
When a person dies without making a will, they are said to have died intestate. This means they left no written instructions on how their assets, including land, buildings, bank accounts, and personal belongings, should be distributed after death.
In Lagos State, intestate succession is governed by the Administration of Estates Law of Lagos State (2003). The law provides for the appointment of administrators who will manage the deceased’s estate and distribute it among the rightful heirs. However, the applicable succession rule also depends on the deceased’s personal law—meaning the system under which they lived before death (statutory, customary, or Islamic).
In Lekki, where properties are often registered under the Land Use Act, it becomes essential to follow formal legal procedures before anyone can claim or transfer ownership.
What the Law Says About Ownership After Death
Ownership of property does not automatically transfer to the next of kin or family members when the owner dies without a will. Instead, it passes temporarily to the court, which holds the property “in trust” until legal administrators are appointed. These administrators are then empowered to manage, distribute, or sell the property in accordance with the law.
Under the Lagos State legal system, the following laws are particularly relevant:
Administration of Estates Law of Lagos State (AEL)
Land Use Act 1978
Wills Act 1837 (as adopted in Nigeria)
Marriage Act (if the deceased was married under statutory law)
Customary Law and Islamic Law (for traditional and Muslim marriages)
Each of these laws influences who inherits and how property rights are enforced.
What Happens Immediately After Death
When a property owner in Lekki dies without a will, certain legal and administrative processes must follow:
The property becomes part of the deceased’s estate — meaning all assets are frozen until proper administration begins.
Family members cannot legally sell, transfer, or mortgage the property until they obtain the right to administer the estate.
Title documents (such as Deeds of Assignment, Certificates of Occupancy, or Governor’s Consent) cannot be transferred without a valid Letter of Administration.
The estate may remain in limbo, leading to disputes, encroachment, or loss of value if not properly managed.
Thus, immediate legal steps are crucial to protect the property.
Step-by-Step Legal Process for Managing a Property When the Owner Dies Without a Will in Lekki
When intestacy occurs, the surviving family members must follow a structured process under Lagos State law to gain control and distribute the property legally.
Obtain a Death Certificate
The first step is to obtain a death certificate from the National Population Commission (NPC) or a recognized hospital. This serves as official proof of death and is required for all subsequent legal processes.
Identify All Properties and Assets
Next, the family must identify and list all properties belonging to the deceased—especially real estate in Lekki. This includes houses, undeveloped land, vehicles, and investments.
Proper documentation such as survey plans, deeds, and receipts should be collected and safeguarded.
Apply for a Letter of Administration (LOA)
The Letter of Administration is the legal document that authorizes certain family members (called administrators) to manage and distribute the deceased’s estate. Without it, no one can legally deal with the property.
In Lagos, this process is handled by:
The Probate Registry of the Lagos State High Court (for statutory marriages).
Customary Court (for customary law matters).
Sharia Court (for Muslims).
The application requires:
Completed forms from the Probate Registry.
The death certificate.
List of assets and liabilities.
Passport photographs and valid IDs of the proposed administrators.
Next of kin affidavit.
Bank statements or valuations of property.
Sureties and Administration Bond
Applicants must provide two sureties who will guarantee that the administrators will not misuse the estate. An administration bond is signed, holding the administrators accountable.
Publication in Newspaper (Caveat Period)
The Probate Registry will publish a public notice (caveat) in a national newspaper for 21 days. This allows anyone who has an objection to the administration—such as a creditor or estranged relative—to come forward.
Issuance of the Letter of Administration
After verification and the lapse of the caveat period, the court issues the Letter of Administration. The administrators can now legally:
Take possession of the property.
Manage, rent, or sell the property (with court approval).
Transfer ownership to beneficiaries.
Pay debts or taxes from the estate.
Role of the Administrators
The administrators act as trustees of the estate. Their responsibilities include:
Managing the estate’s assets.
Paying legitimate debts and taxes.
Keeping records of all transactions.
Distributing assets according to applicable law.
If they act fraudulently or misuse estate funds, they can be held liable by the court.
Distribution of Property According to Applicable Law
How the property in Lekki will be shared depends on the type of marriage or personal law the deceased lived under.
There are three major systems of inheritance in Lagos:
Statutory (English law)
Customary law
Islamic law
Each has distinct rules.
Distribution Under Statutory Law (Marriage Act)
If the deceased was married under the Marriage Act—a court or registry marriage—customary inheritance rules no longer apply. The property will be distributed according to the Administration of Estates Law (AEL).
According to the AEL:
The spouse and children are the primary beneficiaries.
If there is no spouse or child, the estate passes to the parents.
If there are no parents, it goes to brothers and sisters.
If none exist, it goes to more distant relatives.
If no relative is found, the property may eventually escheat to the state (i.e., the Lagos State Government takes ownership).
Under statutory law, the surviving spouse is recognized as a legal partner, unlike under certain customary laws where the woman may be excluded.
Distribution Under Customary Law
If the deceased was married under customary law (e.g., traditional marriage only), property distribution follows the applicable custom of the deceased’s ethnic group.
For instance:
Among the Yoruba, the eldest surviving son (the Dawodu) may administer the estate but must distribute it fairly among all children.
Among the Igbo, male children typically inherit land, while female children may not (though this is changing with modern court rulings).
Among other ethnic groups, customary inheritance varies but generally prioritizes patrilineal succession.
However, Lagos courts now discourage discriminatory customs that deprive widows or female children of inheritance.
Distribution Under Islamic Law
For Muslims, property distribution follows Sharia principles of succession (Fara’id).
Under this system:
The estate is divided among legally entitled heirs (spouse, children, parents, etc.).
Fixed shares are assigned—for example, the wife gets one-eighth if there are children, or one-fourth if there are none.
Male children typically receive twice the share of females, as prescribed in the Qur’an.
A Sharia Court or Muslim probate section of the High Court supervises this process in Lagos.
Taxes and Fees Payable Before Property Transfer
Before the property can be legally transferred or sold, certain government fees and taxes must be paid:
Estate duty or probate fees (usually a percentage of total estate value).
Capital Gains Tax (if the property is later sold).
Stamp duties and registration fees (if ownership is being changed).
Failure to settle these may delay the issuance of the Letter of Administration or subsequent property transactions.
Problems Commonly Arising from Intestacy in Lekki
When a property owner dies without a will, several complications can occur:
Family disputes over who owns what.
Multiple claims to the same property.
Forgery of documents or fraudulent sales.
Delay in obtaining Letters of Administration.
Loss of property through trespassers or court seizure.
Disinheritance of widows and children, especially under customary systems.
These issues are particularly severe in Lekki, where property values are high and ownership documentation is crucial.
How to Prevent Problems: Importance of Estate Planning
The best way to avoid chaos after death is to engage in estate planning while alive. This involves:
Writing a valid will that clearly states who inherits what.
Appointing executors and guardians (for minor children).
Registering the will with the Probate Registry.
Considering property trusts for minor or dependent heirs.
Consulting a property or estate lawyer to ensure legal validity.
At Chaman Law Firm, we advise Lekki property owners to plan early—especially those with multiple assets or blended families—to avoid future crises.
Case Study: Dispute Over Lekki Duplex After Owner Died Intestate
Background:
Mr. Adewale, a Lekki businessman, died suddenly in 2021 without a will. He owned two duplexes in Chevron Drive and a parcel of land in Ikota. He was married under customary law and had three children. After his death, his brothers moved into one of the houses, claiming it belonged to the extended family. His widow objected, insisting the property belonged to her late husband and children.
Legal Action:
The widow engaged Chaman Law Firm, which filed for a Letter of Administration at the Lagos State High Court. The firm presented evidence of ownership (Deed of Assignment, C of O, bank receipts) and successfully proved that the properties were individually acquired by the deceased, not family property.
Outcome:
The court granted Letters of Administration to the widow and one adult child. The property was vested in them as administrators for the benefit of all children. The court also ordered the brothers to vacate the premises.
Lesson:
Without a will, the legal process becomes slower and more expensive—but justice is possible if handled properly through the Probate Registry and qualified lawyers.
How to Protect Family Property After Death
If a relative dies intestate, you can protect their Lekki property by taking these steps immediately:
Secure title documents and property keys.
Inform neighbors or estate management about the death.
File an application at the Probate Registry promptly.
Prevent unauthorized sale or occupation.
Seek legal advice before transferring or renting out the property.
Keep all receipts and correspondence.
The earlier you act, the better your chances of preserving the estate’s value.
Frequently Asked Questions (FAQ)
Q1. What is the first thing to do when a property owner dies without a will?
Obtain the death certificate, then apply for Letters of Administration at the Probate Registry to manage the estate legally.
Q2. Can the family sell the property immediately after death?
No. Without Letters of Administration, any sale is illegal and void under Lagos law.
Q3. What if the deceased had multiple wives?
Each wife and her children are entitled to shares according to applicable law (customary, Islamic, or statutory).
Q4. How long does it take to obtain Letters of Administration?
Between 3–9 months, depending on documentation and whether objections arise during the caveat period.
Q5. Who can apply for Letters of Administration?
Typically, the spouse, adult children, or close relatives of the deceased.
Q6. What happens if relatives misuse estate funds?
Beneficiaries can apply to court to remove the administrator and recover misused funds.
Q7. Can a widow be forced out of her home?
No. Under Lagos law, a widow cannot be unlawfully ejected from her matrimonial home.
Q8. Can the government take over the property?
Only if there are no traceable heirs or beneficiaries (escheat to the state).
Q9. Is it compulsory to involve a lawyer?
While not compulsory, it’s strongly advisable to use a lawyer familiar with Lagos probate laws to avoid errors.
Q10. Can the property be rented out before Letters of Administration are issued?
Not legally. Only appointed administrators can manage or rent the property after approval.
Conclusion: Legal Order Must Replace Family Conflict
When a property owner in Lekki dies without a will, confusion often follows—but the law provides a clear path to order. The Letter of Administration process ensures fairness, protects beneficiaries, and prevents fraudulent claims. However, the process can be tedious and costly if delayed or mismanaged.
Every property owner should therefore take estate planning seriously. Writing a will or establishing a trust is the simplest way to preserve one’s legacy and protect loved ones from avoidable pain.
At Chaman Law Firm, we specialize in probate and estate administration, will drafting, succession planning, and real estate law in Lagos. We help families secure their rightful inheritance, process Letters of Administration, and resolve disputes over property ownership legally and efficiently.
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