What inheritance means
Inheritance is the transfer of what somebody owned to the people who survive them.
It covers the whole estate: land and buildings, bank balances, shares, vehicles, business interests, personal belongings, and also the debts, which are paid before anybody receives anything.
There are two routes, and which one applies is decided by a single question. Did the person leave a valid will.
With a will, the estate is distributed as the will directs, and the executors named in it obtain probate and carry it out. Without one, the person died intestate, the estate is distributed according to the applicable law, and somebody must apply for letters of administration before anything can move.
Nothing is inherited until debts, taxes and the costs of administration have been met. Beneficiaries take what is left, not what was there.
How it is used
Nigerian intestate succession is not one system, and knowing which applies to a particular estate is the first question a lawyer asks.
Where the deceased contracted a statutory marriage, or their estate is otherwise governed by state legislation, the Administration of Estates Law of the relevant state applies. It sets out shares for the surviving spouse and children in defined proportions.
Where the deceased was subject to customary law, the customary law of their community applies. Rules vary widely between communities, particularly on land and on the position of widows and daughters.
Where Islamic law applies, distribution follows the fixed shares of Islamic inheritance law, administered in the Sharia courts of states applying it.
A great deal of Nigerian family conflict comes from the estate sitting under one system while the family assumes another. A person who married at a registry, lived in Lagos and holds land in their home state can leave a family arguing about which law governs which asset, which is exactly the argument a will prevents.
Key features
- A valid will decides the estate; without one the applicable law does
- Debts, taxes and administration costs are paid before beneficiaries receive anything
- Three possible intestacy regimes: statutory, customary and Islamic
- Probate is needed where there is a will, letters of administration where there is not
- Some assets, including jointly held property with survivorship, can pass outside the estate
- Nigerian courts have struck down customs excluding daughters and widows
How this works in Nigeria
Two Supreme Court decisions changed the landscape and are still not widely known.
In Ukeje v Ukeje the court held that a custom excluding a female child from inheriting her father's estate is inconsistent with the constitutional prohibition on discrimination and is void. Daughters inherit.
In Anekwe v Nweke the court condemned a custom that disinherited a widow who had no male child, describing it in strong terms and holding it repugnant to natural justice, equity and good conscience.
Those decisions bind, but they are enforced by going to court, and many Nigerian families still distribute estates on the old assumptions. A woman entitled to a share may still have to fight for it, which is slow and expensive, and which a clearly drafted will largely avoids.
The other practical Nigerian reality is that most estates are delayed not by law but by information. Families frequently do not know what accounts existed, which properties were owned, or where the documents are, and reconstructing that after a death takes months.
Inheritance with a will vs intestacy
The same estate, two very different experiences for the family.
With a will, you choose who inherits and in what shares, you appoint executors you trust, you can appoint guardians for young children, and you can leave something to somebody who would not inherit automatically, such as a stepchild, a friend or a charity. The executors apply for probate, which is generally the quicker of the two processes.
Without a will, the law chooses. Shares are fixed, and they may not reflect anything about your family. Somebody has to apply for letters of administration, and the first argument is often about who applies. Administrators are usually required to provide sureties, which probate does not need. Nothing can be left to anybody outside the legal categories, so a partner you were not married to receives nothing.
The cost difference is not close. A will takes an afternoon. An intestate estate takes months and sometimes years, and the family pays for every one of them.
Limits and risks
A will does not cover everything. Property held jointly with a right of survivorship can pass outside the estate, and family land held under customary tenure may not be the deceased's to leave at all.
Wills can also be challenged, on grounds including improper execution, lack of capacity and undue influence, and a challenge stops the estate while it is resolved.
Customary law continues to operate in practice even where a court would strike it down, so entitlement and reality can diverge for a long time.
And inheritance is not immediate. Probate or letters of administration must be obtained first, accounts are frozen in the meantime, and fees assessed on the estate value fall due before anything is distributed.
Worth knowing
Write a list of what you own, where the documents are and who to contact, and keep it with your will. In Nigeria, more estates are delayed by a family that cannot establish what existed than by any dispute about who should get it.
Questions people ask
Who inherits when someone dies without a will in Nigeria?
It depends on the applicable law. The Administration of Estates Law of the state applies to many estates, customary law applies where the deceased was subject to it, and Islamic law applies in states operating Sharia courts. Each sets out different shares.
Can a daughter inherit her father's property in Nigeria?
Yes. The Supreme Court held in Ukeje v Ukeje that a custom excluding a female child from inheriting is unconstitutional and void. Daughters inherit, though families sometimes still have to enforce that in court.
Can a widow be disinherited under customary law?
No. In Anekwe v Nweke the Supreme Court held that a custom disinheriting a widow is repugnant to natural justice, equity and good conscience. Such customs are void, though enforcing the position may require going to court.
What is the difference between probate and letters of administration?
Probate is granted where there is a valid will and confirms the executors named in it. Letters of administration are granted where there is no will, and the estate is then distributed under the intestacy rules.
Are debts inherited in Nigeria?
The estate pays the debts before anybody inherits. Beneficiaries receive what is left, and they do not become personally liable for debts beyond the value of what they received.
How do I avoid an inheritance dispute in my family?
Write a valid will, have it properly executed and witnessed, tell your executors where it is kept, and leave a list of your assets and documents with it. Most Nigerian estate disputes start from silence rather than from disagreement.