In Nigeria, the distribution of a deceased person’s property without a will—referred to as intestate succession—is governed by customary, statutory, and religious laws. The legal landscape can be complex due to Nigeria’s diverse ethnic, cultural, and legal systems. Family inheritance disputes account for nearly 30% of civil cases in Nigerian courts, highlighting the importance of estate planning.

This article explores the rules determining inheritance when someone dies without a will in Nigeria, providing clarity on statutory and customary practices, and addressing less-discussed nuances.

Understanding Intestate Succession in Nigeria

When someone dies intestate (without a will), their estate is distributed according to the governing laws in their region or under their personal customary practices. The applicable law may be the Marriage Act, Administration of Estates Law, or customary and Islamic laws, depending on the deceased’s background and marital status.

70% of Nigerians die intestate, according to a 2022 survey by the Nigerian Bar Association.

Statutory Law on Intestate Succession

Statutory law applies primarily to individuals married under the Marriage Act. These laws supersede customary laws in such cases.

Key Provisions under the Administration of Estates Law

In states like Lagos, the law provides the following distribution:

• Surviving spouse: Receives one-third of the estate.
• Children: Divide the remaining two-thirds equally.
• Parents or siblings: If there are no children, parents or siblings inherit.
• Extended relatives: Only inherit if no immediate family members exist.

For example, if Mr. Ade (married under the Marriage Act) dies without a will, leaving a wife and two children, his estate would be divided as follows:

• Wife: 33.3%
• Each child: 33.3%

Customary Law on Intestate Succession

Customary law often varies across Nigeria’s ethnic groups, emphasizing patrilineal or matrilineal inheritance.

Yoruba Customary Law

• Properties are divided equally among all children, regardless of gender.
• Wives typically do not inherit directly but may be cared for by the children.

Igbo Customary Law

• Male children, especially the eldest son (Okpala), inherit the bulk of the property.
• Female children rarely inherit under strict Igbo customs.

Hausa/Fulani Customary Law (Islamic Law)

Islamic law (Sharia) applies to Muslims and outlines specific inheritance shares:

• A wife inherits one-eighth if the deceased leaves children; otherwise, she gets one-fourth.
• Male heirs receive twice the share of female heirs (e.g., sons inherit double the portion of daughters).

Challenges in Intestate Succession

Gender Bias

While statutory laws promote gender equality, customary laws often disadvantage women. For instance, in strict Igbo customs, daughters may be excluded entirely from inheriting land.

Cultural Conflicts

In cases where a deceased person was married under statutory law but adhered to customary practices, disputes often arise. Courts typically give precedence to statutory law.

Delayed Administration

Inheritance disputes can lead to long delays in the distribution of property, especially when parties contest the applicable law.

Key Nuances You Should Know

Adopted Children’s Rights

Under statutory law, adopted children have equal inheritance rights as biological children. However, customary laws often exclude them.

Polygamous Marriages

Polygamy complicates inheritance. Under statutory law, all legally married wives and their children inherit. However, customary laws may favour the first wife’s lineage.

Non-Nigerian Assets

If the deceased owned assets abroad, the estate’s administration might involve applying foreign succession laws, depending on the jurisdiction.

FAQs

1. Who inherits property if a man dies without a will in Nigeria?

The inheritance depends on the deceased’s marriage type (statutory, customary, or Islamic). Statutory law prioritizes the spouse and children, while customary laws may vary.

2. Can a widow inherit her husband’s property in Nigeria?

Yes, under statutory law, widows are entitled to a portion of the estate. However, customary laws in certain regions may exclude widows entirely.

3. What happens if the deceased has no surviving relatives?

If no relatives exist, the property may escheat to the state, particularly under statutory laws.

4. How does polygamy affect inheritance in Nigeria?

All legally married wives and their children inherit under statutory law. Customary laws vary but often favour the first wife’s children.

5. Can stepchildren inherit under Nigerian law?

Stepchildren are excluded under statutory law unless they are legally adopted. Customary laws may allow inheritance if cultural norms permit it.

Conclusion

In Nigeria, inheritance without a will is governed by statutory, customary, and Islamic laws. Statutory law prioritizes the surviving spouse and children, dividing the estate proportionally. Customary laws vary: for instance, Yoruba customs divide property among all children, while Igbo customs may prioritize male heirs. If no relatives exist, the property may revert to the state.

Also Read:

How to Avoid Real Estate Fraud in Nigeria: Legal Guide

How to Legally Divide Inherited Property in Nigeria

Understanding the Land Use Act in Nigeria: A Comprehensive Guide

How to Verify Property Titles in Nigeria: A Comprehensive Guide

How to Obtain Certificate of Occupancy in Nigeria: A Comprehensive Guide

How to Perform a Legal Search at the Nigerian Land Registry

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