What Are the Inheritance Rights of Family Members in Lekki Property Matters?
Introduction
Inheritance is one of the most sensitive and complex aspects of property law in Nigeria. In a city like Lekki—an affluent and rapidly developing area of Lagos State where properties are worth hundreds of millions of naira—issues of inheritance often become emotionally charged and legally intricate. Disputes over who inherits what, the validity of wills, the rights of surviving spouses and children, and claims by extended family members are common.
Understanding inheritance rights in Lekki property matters is crucial for both residents and diaspora investors who have purchased or inherited properties in Lagos. Many people fail to realize that ownership of property does not automatically mean their loved ones will inherit it smoothly after their death. There are procedures, laws, and documentation that determine who has a rightful claim.
This article provides an in-depth examination of inheritance rights of family members in Lekki property matters under Nigerian law, explaining the key legal principles, practical implications, real-life case examples, and frequently asked questions. It is written to help property owners, beneficiaries, and legal practitioners understand the law governing inheritance and succession in Lagos State, particularly in the context of high-value real estate.
Understanding Inheritance and Succession under Nigerian Law
Inheritance refers to the process by which the property, rights, and obligations of a deceased person are transferred to their heirs or beneficiaries. In Nigeria, inheritance is governed by a combination of statutory law, customary law, and in some cases, Islamic law.
For properties situated in Lekki, the applicable law largely depends on the circumstances of the deceased’s family and how the property was acquired. Generally, Lagos State applies statutory (English-style) inheritance law, especially when the deceased left a will, or when the parties are Christians or not bound by any customary system of inheritance.
The two major legal frameworks governing inheritance in Nigeria are:
Testate succession – where a person dies leaving a valid will specifying how their property should be distributed.
Intestate succession – where a person dies without leaving a will, and the law determines who inherits their property.
In Lekki, most properties fall under statutory regulation due to the high rate of formal land ownership, Governor’s Consent documentation, and the prevalence of conveyancing practices governed by the Land Use Act and Property and Conveyancing Law.
Testate Succession: When a Will Exists
When a property owner in Lekki makes a valid will before their death, the distribution of their property is guided by that will. The will names executors who are responsible for administering the estate and distributing the assets to the beneficiaries according to the deceased’s wishes.
The key statutes regulating wills and succession in Lagos include:
The Wills Law of Lagos State (2015)
The Administration of Estates Law
The Probate Rules of the High Court of Lagos State
Under the Wills Law, any adult of sound mind can make a will disposing of their property. The will must be in writing, signed by the testator (the person making it), and witnessed by at least two witnesses. Once the testator dies, the executors must apply for a grant of probate from the Lagos State Probate Registry to authenticate the will and legally empower them to manage the estate.
For example, a property owner in Lekki Phase 1 who bequeaths a duplex to his wife and a plot of land to his children will have those wishes respected once the probate process confirms the will’s validity. This prevents extended family interference and ensures smooth transmission of ownership.
Intestate Succession: When There Is No Will
When a Lekki property owner dies without leaving a will, the law regards them as having died intestate. In such cases, the distribution of the estate is determined by the Administration of Estates Law of Lagos State (where statutory law applies) or by customary law (depending on the deceased’s ethnic background and personal circumstances).
Under statutory succession, the estate is distributed in this order:
Surviving spouse
Children
Parents
Brothers and sisters of the deceased
More distant relatives
The law gives the surviving spouse and children priority. However, this can become complicated when the deceased was polygamous, separated, or had children outside wedlock. In practice, intestate cases often lead to disputes, especially when family members claim ownership rights over high-value properties in Lekki.
Customary Law and Inheritance in Lekki
While Lekki is an urban area under Lagos State jurisdiction, many families still apply their traditional inheritance customs. Customary law differs among ethnic groups. For example, among the Yoruba (who are predominant in Lagos), inheritance follows the idi-igi or ori-ojori system.
Under idi-igi, property is shared per family branch, while under ori-ojori, property is shared equally among the children. However, women’s rights under customary law have historically been limited, although modern court decisions have corrected this inequality.
In the landmark case of Anekwe v. Nweke (2014), the Supreme Court declared that women cannot be denied inheritance rights under customary law merely because of their gender. This ruling has reshaped customary inheritance across Lagos and the entire country.
Islamic Law and Inheritance in Lekki
For Muslim families residing in Lekki, inheritance is governed by Islamic (Sharia) law. Islamic law provides detailed rules for distribution of a deceased person’s estate, specifying fixed shares for spouses, children, and other relatives.
For instance, under Islamic law:
The male child inherits double the share of a female child.
The surviving spouse (widow or widower) is entitled to a specific fraction of the estate.
Parents and other relatives may also inherit depending on the number of surviving heirs.
Muslim property owners in Lekki often prepare both a will and a Wasiyyah (Islamic testament) to ensure compliance with religious and state laws.
Inheritance Rights of the Surviving Spouse
The surviving spouse’s rights depend on whether the marriage was statutory, customary, or Islamic.
Under a statutory marriage, the surviving spouse (husband or wife) is entitled to a fair share of the deceased’s estate under the Administration of Estates Law. This includes the right to reside in the matrimonial home and a share of any jointly acquired property.
For example, if Mr. Adewale, who owned a duplex in Lekki Phase 1, dies intestate leaving behind his wife and two children, the court will likely allocate the house to the widow and children jointly. The wife’s share will not be overridden by the deceased’s extended family, as Lagos courts now protect the rights of surviving spouses.
Under customary marriage, however, the wife may face challenges, especially if she was not formally married under the Marriage Act. In some Yoruba families, the deceased’s brothers or male relatives may attempt to take over the property. Yet, recent court rulings have increasingly protected widows under human rights and constitutional equality principles.
Rights of Children to Inherit Property
Children, whether born in or out of wedlock, have rights to inherit from their parents. The Supreme Court case of Salubi v. Nwariaku (2003) confirmed that children born outside marriage are legitimate heirs to their father’s estate, provided paternity is acknowledged.
In Lekki property matters, many families face challenges when the deceased has children from multiple relationships or when some children live abroad. If the deceased leaves no will, all recognized children share equally in the estate unless there is a legal reason otherwise.
To avoid disputes, property owners are encouraged to document the paternity of all their children, include them in their wills, and formalize ownership of each property.
Rights of Parents and Siblings
If a deceased property owner leaves no spouse or children, their estate may pass to their parents. If the parents are deceased, the estate devolves to the deceased’s brothers and sisters, and then to more distant relatives.
However, under Lagos law, such relatives cannot claim priority over a surviving spouse or child. This often becomes contentious in Lekki families where uncles or brothers attempt to seize property when the deceased’s widow or children are perceived as weak or uninformed about their legal rights.
How Probate and Letters of Administration Work
In Lagos, the probate process is handled by the Probate Registry of the High Court of Lagos State. When a person dies testate (with a will), the executors apply for grant of probate. When a person dies intestate, family members or next-of-kin apply for letters of administration.
The procedure typically involves:
Filing the death certificate
Providing inventory of the deceased’s assets
Filing an oath of administration
Publication of notice in newspapers to allow objections
Payment of estate duties (based on the property’s value)
Once the Probate Registry issues the grant, the administrators or executors can legally manage, sell, or transfer the Lekki property.
Delays in probate are common when families disagree on who should administer the estate or when disputes arise over ownership of specific assets.
Common Inheritance Disputes in Lekki
Lekki’s high-value properties often trigger inheritance battles among family members. The most common disputes include:
Challenges to the validity of a will
Allegations of undue influence or forgery
Disagreements between widows and extended family members
Multiple children claiming the same property
Sale of property before the grant of probate
Mismanagement of estate funds
For instance, a recent Lagos High Court case involved a deceased Lekki property developer whose brothers sold part of his estate while probate was pending. The court ruled the sale void and ordered restitution to the legitimate heirs.
Case Study: Inheritance Dispute Over a Lekki Duplex
Mr. Uche, a businessman based in the UK, owned a duplex in Lekki Phase 2. He was married under statutory law and had three children. Unfortunately, he died suddenly without a will. His brothers claimed that as members of his extended family, they were entitled to the property since he was their kinsman.
His widow, Mrs. Uche, sought legal assistance from a property lawyer in Ikeja. The lawyer filed an application for letters of administration at the Lagos State Probate Registry. The brothers contested it, citing customary rights.
The court held that since the marriage was under the Marriage Act and the property was registered under Lagos State’s statutory law, the estate must be distributed according to the Administration of Estates Law, not customary law. The widow and her three children were declared rightful beneficiaries, and the property was legally vested in their names after obtaining the grant of letters of administration.
This case highlights how the nature of marriage and ownership documentation determines inheritance outcomes in Lekki property disputes.
Importance of Making a Will
To avoid inheritance crises, every property owner in Lekki should make a will. A will provides clarity, reduces family conflict, and ensures that your assets are distributed according to your wishes.
Benefits of making a will include:
Preventing family disputes
Protecting your spouse and children
Appointing trusted executors
Specifying guardians for minors
Simplifying probate procedures
Allowing for charitable or trust bequests
Chaman Law Firm regularly assists Lagos and diaspora clients in drafting valid wills, preparing codicils, and registering them with the Probate Registry to ensure peace of mind.
Trusts and Estate Planning for Lekki Property
For high-net-worth individuals and diaspora investors, creating a property trust is an effective way to manage inheritance. A trust allows you to transfer ownership of property to trustees who hold and manage it for your beneficiaries.
Advantages include:
Avoiding lengthy probate processes
Maintaining confidentiality
Protecting assets from disputes or creditors
Managing properties for minors until they reach maturity
For example, a UK-based Nigerian investor who owns multiple apartments in Lekki can create a family trust, appoint trustees (such as lawyers or financial institutions), and specify how rental income or sale proceeds should benefit their family.
Women and Inheritance Rights in Lekki
Historically, women in Nigeria faced discrimination in inheritance matters, especially under customary law. However, judicial decisions and constitutional reforms have significantly advanced women’s rights.
In the case of Ukeje v. Ukeje (2014) LPELR-22724 (SC), the Supreme Court held that “no Nigerian woman should be denied inheritance simply because of her gender.” This decision binds all states, including Lagos.
Therefore, widows and daughters now have full rights to inherit Lekki properties. Any family member who attempts to exclude them acts contrary to the law and risks criminal prosecution for trespass or fraud.
Protecting Your Inheritance Rights in Lekki
To protect your inheritance rights, take the following steps:
Ensure your name is properly listed in the will or letters of administration.
Obtain legal representation before signing estate documents.
Verify the authenticity of property titles before taking possession.
Avoid buying inherited property without confirming probate status.
Engage a property lawyer to handle land documentation and transfer.
Chaman Law Firm, with offices in Ikeja and Ogun State, specializes in protecting families and property owners from fraudulent practices in real estate and inheritance matters.
Challenges Faced by Diaspora Families
Diaspora Nigerians who own property in Lekki face unique inheritance challenges, including:
Delays in obtaining death certificates and probate from abroad
Fraudulent sale of property by relatives
Difficulty in verifying estate documents remotely
Conflicts between foreign wills and Nigerian probate laws
To address these, diaspora investors should prepare Nigerian-compliant wills and appoint local executors or trustees through their lawyer in Lagos. Remote legal representation and power of attorney arrangements can simplify the process.
Avoiding Inheritance Disputes: Preventive Measures
To avoid disputes in Lekki property inheritance:
Keep property documentation updated and registered.
Make a clear and valid will.
Communicate your wishes to your family.
Use professional legal services to manage property transfers.
Create a trust for long-term asset management.
Proactive estate planning prevents the heartbreak and financial loss associated with inheritance litigation.
Legal Remedies for Inheritance Disputes
If disputes arise, affected parties can seek legal remedies through:
Filing a caveat at the Probate Registry to stop probate processing.
Instituting an action for declaration of title or entitlement.
Applying for accounting from executors or administrators.
Reporting fraudulent sales to the Economic and Financial Crimes Commission (EFCC).
Filing injunctions to stop unlawful occupation or sale of estate property.
Legal intervention ensures justice and enforces rightful inheritance under Lagos property laws.
FAQs
1. Who inherits my Lekki property if I die without a will?
Your estate will be distributed according to the Administration of Estates Law. Your spouse and children will take priority.
2. Can my wife inherit my property if we married traditionally?
Yes, she can, especially under modern legal interpretation. Courts now protect widows’ rights even in customary marriages.
3. How long does probate take in Lagos?
On average, probate takes between 3 to 12 months, depending on the complexity of the estate and whether disputes arise.
4. Can a daughter inherit family property in Lekki?
Yes. The Supreme Court has affirmed that daughters have equal rights with sons to inherit their parents’ property.
5. What happens if a relative sells a deceased’s property before probate?
The sale is invalid. Only executors or administrators can lawfully transfer estate property after probate is granted.
6. Can a foreign will cover my Lekki property?
Yes, but it must be re-sealed or registered under Nigerian law before it can be enforced.
7. What if I live abroad? How can I manage my inheritance?
You can appoint a Nigerian lawyer through a Power of Attorney to handle your inheritance and legal matters.
8. Can stepchildren or adopted children inherit?
Yes. Adopted children have the same rights as biological children under Nigerian law.
9. What happens if there are multiple wives?
Each wife and her children are entitled to shares according to the number of family units and applicable laws.
10. Can inheritance rights be challenged?
Yes. If there is evidence of fraud, forgery, or undue influence in the will or administration, interested parties can challenge it in court.
Conclusion
Inheritance issues in Lekki are complex, especially given the high value of properties and the mix of statutory, customary, and religious laws. Understanding and securing your family’s inheritance rights is essential to prevent conflicts and protect generational wealth.
Whether you are a property owner, a widow, a child of a deceased person, or a diaspora investor, you need legal guidance to navigate inheritance matters properly.
Chaman Law Firm specializes in property law, estate planning, probate, and inheritance disputes. Our expert lawyers in Lagos and Ogun States assist clients in preparing wills, obtaining probate, and protecting their property rights from fraudulent claims.
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