In Nigeria, the distribution of an estate, upon the death of an individual who has not declared his last will. A state of intestacy is determined by a combination of statutory, customary, and religious laws. The legal framework in this area reflects the country’s cultural diversity and complex legal systems, which often lead to disputes. Indeed, family inheritance conflicts account for nearly 30% of civil cases in Nigerian courts, hence the importance of estate planning.
This article explores the principle of intestate succession in Nigeria with the key statutory and customary practices and nuances often bypassed in discussions on inheritance law.
Understanding Intestate Succession in Nigeria
Where an individual die without a Will, the distribution of his properties shall be determined by the prevailing legal system applicable to the deceased person. These systems include:
- Statutory laws, for example, the Marriage Act or Administration of Estates Law.
- Customary laws, which depend on the tribe that the deceased belonged to.
- Islamic laws, for the Muslims, and follow principles from Sharia.
The applicable law may be determined by the marital status of the deceased, religion, or cultural practices. According to a 2022 survey conducted by the Nigerian Bar Association, it showed that about 70 percent of Nigerians die without a will. This shows the necessity to make the people aware of the inheritance laws.
Statutory Law on Intestate Succession
The statutory law applies to persons married under the Marriage Act and takes precedence over customary laws. Where states like Lagos apply the Administration of Estates Law, guidelines on how the estate should be divided are unequivocal:
- Surviving spouse: One-third.
- Children: The residual two-thirds, shared equally.
- Parents or siblings: Where there are no children, the parents or siblings take the entire estate.
- Extended relatives: Inherit if there is no immediate family.
Application
In case Mr. Ade, married under the Marriage Act dies intestate leaving a wife and two children his estate shall be shared thus:
- Wife: 33.3%
- Each child: 33.3%
Customary Law on Intestate Succession
Customary inheritance law takes many different forms in Nigeria due to its hundreds of ethnic groups. As it is culture-based, the customs may sometimes run contrary to statutory principles on equality.
Yoruba Customary Law
- Property is divided equally among the children, irrespective of gender.
- Wives do not usually inherit directly but are looked after by their children.
Igbo Customary Law
- Male children, specifically the first son (Okpala), receive a lion’s share of the estate.
- Daughters are usually disinherited, particularly in respect of land.
Hausa/Fulani Customary Law (Islamic Law)
- Controlled by the Sharia, Islamic inheritance law provides for fixed shares.
- One-eighth of the estate if there is issue passes to a wife; otherwise, one-fourth.
- The share of male heirs is twice that of females.
Complex Issues in Intestate Succession
Gender Inequality
Statutory laws encourage gender equality. However, customary laws discriminate against women. For example, daughters may have been denied inheritance of property in some strict Igbo customs.
Cultural Conflicts
Disputes often occur when a person who married under statutory law follows customary practices. In those cases, courts usually opt for statutory laws.
Delayed Administration
Disputes over inheritance can seriously delay the administration of the estate, especially when numerous parties dispute the applicable law on succession.
Some Important Distinctions in Nigerian Intestate Succession
1. Adopted Children:
Under the statute, adopted children take equal shares like biological children. Customary laws, however, often deny inheritance to adopted children.
2. Polygamous Marriages:
Polygamy complicates inheritance distribution. Statutory law recognizes all wives who are married legally and their children, while customary laws may look out for the lineage of the first wife.
3.Foreign Assets:
When the deceased has property out of Nigeria, such foreign succession laws may well apply, adding another layer of complexity.
Frequently Asked Questions on Intestate Succession in Nigeria
1.Who is entitled to the property when a man dies intestate?
The inheritance structure depends on the deceased’s marriage type (statutory, customary, or Islamic). Statutory law prioritizes the spouse and children, while customary practices vary by ethnicity.
2.Can a widow inherit her husband’s property?
Yes, under statutory law, widows are entitled to a share of the estate. However, some customary laws may exclude widows entirely.
3.What happens if the deceased has no surviving relatives?
If no heirs exist, the estate may escheat to the state under statutory laws.
4.How does polygamy affect inheritance?
Statutory law ensures all legally married wives and their children inherit. Customary laws differ, often favoring the first wife’s lineage.
5.Can stepchildren inherit under Nigerian law?
Stepchildren are excluded under statutory law unless legally adopted. Customary laws may allow stepchildren to inherit depending on cultural norms.
Succession upon intestacy in Nigeria is thus under the application of various statutory, customary, and religious laws, each with rules that bring forth a set of complications. Statutory law emphasizes equitable division among the surviving spouse and children, while customary and other religious tenets are often at variance and patriarchal. These parallel legal regimes-when the estate has not been duly planned-lead to disputes and delay the resolution of such successions in court.
Understandably, the nuances of intestate succession are important to navigate Nigeria’s legal landscape and ensure that estate distribution is fairly and timely distributed.