While having a will is essential to ensure that your estate is distributed according to your wishes, not everyone in Nigeria dies with a valid will in place. When a person dies without a will, they are said to have died “intestate,” and the distribution of their estate is governed by intestacy laws.
In this post, we’ll explore what happens to a person’s assets when they die intestate in Nigeria, the laws that govern intestate succession, and how the estate is distributed among family members.
Understanding Intestate Succession in Nigeria
Intestate succession refers to the legal process by which the property of a deceased person who has not left a valid will is distributed. In Nigeria, intestate succession is governed by different laws depending on the region, customary practices, and religious beliefs. The two primary legal frameworks governing intestate succession are:
- Statutory Laws: The Administration of Estates Law (applicable in many southern states) and the Customary Courts Law (governing various regions).
- Customary Laws: In some parts of Nigeria, particularly in the northern and southeastern regions, customary law plays a significant role in determining the distribution of assets for intestate estates.
Statutory Framework for Intestate Succession
For individuals subject to statutory law (usually in the southern states), the Administration of Estates Law and the Marriage Act are the primary laws governing intestate succession. These laws provide a clear hierarchy for distributing the deceased’s property to family members based on their relationship to the deceased.
Under statutory law, the estate of an intestate person is distributed as follows:
- Spouse and Children: The surviving spouse and children are the primary beneficiaries. The spouse typically receives one-third of the estate, while the children divide the remaining two-thirds equally.
- Parents and Siblings: If the deceased had no children, the estate is shared between the spouse and the deceased’s parents and siblings. The spouse receives half of the estate, while the remaining half is divided among the parents and siblings.
- Extended Family: If the deceased leaves no spouse, children, parents, or siblings, the estate may go to more distant relatives such as cousins, aunts, uncles, or even the state in the absence of any living relatives.
Customary Laws and Intestate Succession
In many parts of Nigeria, especially in rural areas, customary law plays a significant role in intestate succession. Customary laws vary across ethnic groups, but they generally follow local traditions regarding inheritance. Some of the key principles of customary law include:
- Patriarchal Succession: In many ethnic groups, particularly in the southeastern Igbo and southwestern Yoruba regions, property is traditionally inherited by male heirs. Sons, especially the eldest, may receive a larger share of the estate, while daughters and widows may receive little to no inheritance.
- Widowhood Practices: Under some customary laws, widows may be required to stay in their deceased husband’s family compound, or they may inherit only a limited portion of the estate. However, recent legal reforms and court rulings have challenged discriminatory customary practices, ensuring better protection for women’s inheritance rights.
Islamic Law (Sharia) and Intestate Succession
In northern Nigeria, where Sharia law is applicable, intestate succession is governed by Islamic principles. Under Sharia law, specific rules are set out for dividing an estate among heirs, with detailed proportions allocated to family members based on their relationship to the deceased.
Key features of Islamic inheritance include:
- The estate is distributed according to predetermined shares: For example, a surviving spouse receives a fixed share (usually one-eighth for the wife or one-quarter for the husband), and children inherit the remainder.
- Male heirs generally receive a larger share than female heirs. Sons receive twice as much as daughters in accordance with Islamic principles.
- Specific portions of the estate are allocated to parents, grandparents, and other relatives, depending on who survives the deceased.
Impact of Intestate Succession on Families
When a person dies intestate, the lack of a will can cause conflicts within families, especially when multiple relatives lay claim to the same property. This is particularly common in cases where statutory law and customary law clash. For example, a widow might be entitled to a portion of her late husband’s estate under statutory law, but customary law may dictate that the property passes to his male relatives.
Such conflicts often lead to lengthy legal battles, with courts having to balance the statutory inheritance rights of beneficiaries with the cultural expectations of extended family members.
Avoiding the Pitfalls of Intestate Succession
The distribution of assets under intestate succession may not align with your wishes or the needs of your family. To avoid the uncertainty of intestate succession, it’s essential to create a valid will that clearly outlines how your assets should be distributed. This helps prevent potential conflicts among family members and ensures that your loved ones are provided for according to your intentions.
To protect your estate and the well-being of your family, consider the following steps:
- Draft a Will: Ensure you have a legally binding will that complies with Nigerian laws. A lawyer can help you draft a will that accounts for your assets and provides for your family members in the way you desire.
- Update Your Will Regularly: Life circumstances change, and your will should reflect these changes. If you get married, have children, or acquire significant assets, it’s important to update your will to reflect your new situation.
- Seek Legal Advice: Consult with a legal professional who is familiar with both statutory and customary laws. They can help you navigate the complexities of Nigerian succession law and ensure your will is clear and enforceable.
Conclusion
Dying intestate can lead to complicated legal proceedings and family disputes. In Nigeria, the laws governing intestate succession can vary significantly depending on the region, customs, and religious beliefs. While statutory laws provide clear rules for distributing an estate, customary laws can complicate matters, particularly for women and children.
By drafting a will and ensuring it is legally valid, you can avoid the pitfalls of intestate succession and provide peace of mind for your loved ones. Protecting your estate with proper planning is key to ensuring that your assets are distributed according to your wishes and that your family is cared for in your absence.