Introduction
Olowu was a Yoruba man by birth. He later migrated to Benin, married a Benin woman, and even applied to the Oba of Benin to be recognised as a Benin man. But when he died without a will, his children were divided.
Some argued that since he was Yoruba, his landed property in Benin should be shared under Yoruba customary law. Others insisted that he lived, married, and died as a Benin man and that his estate must be shared under Benin customary law.
This was not imagination. It was the real dispute in the Supreme Court case of Olowu v. Olowu (1985) 1 NWLR (Pt. 3) 372.
Succession Law in Nigeria: Getting It Straight
When someone dies without a will, you do not just start sharing his properties the way you deem fit. Never. You have to first determine the applicable law.
In Nigeria, we do not have a unified succession and inheritance law. That is why succession and inheritance often appears very complicated. For married folks, the type of marriage they contracted is very vital here. If it is statutory marriage, the Administration of Estate Law of his state applies. If it is customary marriage, then the customary law applies.
But here is the question: like in the case of Olowu, where he married customarily, lived, married, and died in Benin although a Yoruba man, which customary law applies? Benin or Yoruba customary law?
What of the land situated in Benin? Can it be shared according to Benin or Yoruba customary law?
To see how statutory marriage governs intestate succession in Nigeria in read this article.
What the Supreme Court Said in Olowu v. Olowu
In Olowu v. Olowu (1985) 1 NWLR (Pt. 3) 372, the Supreme Court resolved it in clear terms.
- A Nigerian can change his personal law by assimilation. Olowu, though Yoruba by birth, had become Benin in law.
- The personal law that governs succession is the one the deceased was subject to at death. His heirs could not change it.
- Land follows the law of its location (lex situs). Property in Benin must be shared under Benin customary law.
Key Lessons on Inheritance in Nigeria
Inheritance in Nigeria depends on three things.
The type of marriage contracted.
The personal law of the deceased at death.
The location of the property.
This is why intestacy, that is, dying without a will, often brings disputes that divide families and lead to long court battles.
FAQs on Inheritance in Nigeria
Can a Nigerian change his customary law?
Yes. Through assimilation, by living, marrying, and integrating into another community, a person may adopt that community’s customary law, as confirmed in Olowu v. Olowu.
Why is making a will important in Nigeria?
A will gives certainty, avoids confusion, and ensures your estate is distributed according to your wishes rather than leaving your family in disputes.
Which law applies to land in Nigeria when the owner dies without a will?
Land is governed by the law of the place where it is located (lex situs). For example, land in Benin will be shared under Benin customary law.
Finally, the surest way to save your heirs from such confusion is to make a will or use alternative estate planning methods. Do you need guidance on how to successfully make one? Book a consultation by clicking on the WhatsApp chat button.
Disclaimer:
This post is for general information only and does not constitute legal advice. For tailored advice on your situation, please seek professional consultation.
