Inheritance disputes are not new to Nigerians; they largely occur whenever there is inadequate legal knowledge concerning the distribution of inheritance. It may be a piece of land, house, or other kinds of valued property,the process of sharing it can be hectic, particularly when numerous heirs are involved. This article provides a critical analysis of the law, procedure, and principles that regulate inheritance and division of property in Nigeria.
What is Inherited Property?
Inherited property includes any asset that may be movable or immovable, accrued by the heirs upon a person’s death. It is in fulfillment of a valid will made or by intestacy, should there not be one.
Common Types of Inherited Property
Assets commonly inherited in Nigeria include:
- Land
- Residential homes
- Commercial buildings
- Vehicles
- Stocks and investments
- Valuables
Among these, land disputes are most prevalent due to the fact that it has high value both in urban and rural areas.
Legal Framework Governing Inheritance in Nigeria
- Statutory Laws
Key laws include the Wills Act and the Administration of Estates Law, which outline procedures for estate division and ensure equitable distribution among heirs.
- Customary and Islamic Laws
- Customary law: In many Nigerian communities, inheritance is traditionally patriarchal, often excluding female heirs.
- Islamic law: Islamic principles provide a detailed framework for asset distribution, specifying shares for heirs as prescribed in the Qur’an.
- Court Precedents
Nigerian courts are increasingly encouraging gender equality in matters of inheritance. For example, the Supreme Court in Ukeje v. Ukeje (2014) held that Igbo customary law cannot exclude a female child from an inheritance of the property of her father.
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How to Share Inherited Property in Nigeria
- Identify the Method of Succession
- Where the deceased had a will, then distribution is done according to the will, provided the will is in accordance with the law.
- When the testator dies intestate, that is, without a valid will, intestacy applies, and property is shared in accordance with statutory or customary rules.
- Derive Probate or Letters of Administration
- Probate: The executors of a valid will apply for probate to grant them the legal powers required to administer the estate.
- Letters of Administration: In the case of intestacy, the next of kin applies for this to distribute the estate lawfully.
- Value the Property
Professional valuation ensures equitable distribution. For example, an estate valued at ₦50 million could be divided into cash, land, or shares based on its assessed worth.
- Negotiate and Allocate Assets
Heirs can negotiate the division of property amicably. If disputes arise, mediation or arbitration can provide resolutions without lengthy litigation.
Challenges in Dividing Inherited Property
- Disputes Among Heirs
Conflicts often occur over property valuation, allocation, or succession rules, leading to prolonged legal battles.
- Customary Practices against Statutory Laws
Customary laws sometimes contradict statutory provisions, especially on questions of female heirs or children born out of wedlock.
- Debts and Encumbrances
Some inherited properties may be burdened with debts, mortgages, or other liabilities, making their sharing quite complex. Heirs should, therefore, be interested in due diligence to avoid unforeseen financial responsibilities.
Frequently Asked Questions
- How does Nigeria share inherited property?
It is divided according to the will of the deceased or intestacy laws, operating through statutory, customary, or Islamic principles.
- Can female children inherit property in Nigeria?
Yes, the courts have maintained that the female children can inherit properties under the statute, even when customary laws provided otherwise- Ukeje v. Ukeje, 2014.
- What happens when there is no will?
The estate is divided based on the intestacy laws; the next of kin takes letters of administration.
- How are disputes in inherited property settled?
The disputes can be amicably resolved through mediation, arbitration, or by the courts. It is very advisable to seek a lawyer.
- Is Inherited Property in Nigeria Taxed?
Nigeria does not charge any inheritance tax, though there might be stamp duties or capital gains tax charged during the transfer of such property.
The partition of inherited property in Nigeria requires a proper understanding of how statutory, customary, and Islamic laws interrelate. From establishing the rules of succession to making applications for probate or letters of administration, the rule of law must be strictly adhered to. If challenges are dealt with on time and the steps followed, heirs will have their fair share as provided by the law.