UNIT 5

OUTLINE OF SUCCESSION RIGHTS

Succession refers to the process by which the rights, duties, and property of a deceased person are transferred to their heirs or beneficiaries. In Nigeria, succession rights are governed by customary law, Islamic law, and statutory law, depending on the deceased's background and location. This outline covers the key elements of succession rights under these legal frameworks.

TESTATE SUCCESSION

Testate succession occurs when a person dies leaving a valid will. The will dictates how the deceased's estate should be distributed. See the Wills Act 1837 (Applicable in Southern Nigeria) which outlines the requirements for a valid will, revocation of wills, and the powers of the court in matters of testamentary dispositions, the Wills Law of Lagos State which is similar to the Wills Act 1837 but includes local modifications. See also the case of Bankole v. Tapo (1961) All N.L.R. 613 which highlighted the necessity for due execution of wills according to statutory requirements and the case of Ike v. Ugboaja (1993) 6 NWLR (Pt. 301) 539 which emphasized the importance of testamentary capacity and intention.

REQUIREMENTS FOR A VALID WILL

1. Capacity: this is where the testator must be of sound mind and legal age (18 years and above).
2. Intention: this is where the testator must have intended the document to be their will.
3. Formality: this is where the will must be written, signed by the testator, and witnessed by at least two witnesses who were present at the same time.

INTESTATE SUCCESSION

Intestate succession occurs when a person dies without leaving a valid will. The distribution of their estate is then governed by statutory law, customary law, or Islamic law.

1. Statutory law: See section 49(1) which specifies the order of inheritance for intestate estates, prioritizing spouses, children, parents, and other relatives and the case of Salubi v. Nwariaku (2003) 7 NWLR (Pt. 819) 426 which dealt with the principles of intestate succession and the priority of heirs under statutory law. The various statutory law includes;
   
   1. Married womens property act: See the Married Women’s Property Act 1882 which applies to the property of married women and affects succession rights by protecting women's property rights.
   2. Administration of estates law (Lagos State): This law provides for the administration of estates of deceased persons and outlines the order of inheritance.
2. Customary law: Customary law varies among different ethnic groups in Nigeria but generally follows patrilineal or matrilineal lines of inheritance. See the case of Olowu v. Olowu (1985) 3 NWLR (Pt. 13) 372 which clarified the principles of succession under Yoruba customary law, emphasizing that the eldest son often inherits the deceased's estate and the case of Nzekwu v. Nzekwu (1989) 2 NWLR (Pt. 104) 373 which established that under Igbo customary law, the eldest son (Okpala) inherits the family property.
3. Islamic law: Islamic law, or Sharia, applies to Muslims and is based on the Quran and Hadith. It prescribes specific shares for heirs, including spouses, children, parents, and siblings. See the Sharia Court of Appeal Law which governs the application of Islamic law in states that have established Sharia Courts of Appeal. See also the case of Adesubokan v. Yinusa (1971) 1 NMLR 77 which discussed the application of Islamic law in the distribution of an estate and the case of Alhaji Ilori v. Tufail (1955) 2 FSC 5 which emphasized the fixed shares of inheritance under Islamic law.

ADMINISTRATION OF ESTATES

The administration of estates involves the management and settlement of a deceased person's estate by an executor (if there is a will) or an administrator (if there is no will). See the Administration of Estates Law (Lagos State) which outlines the procedures for obtaining probate and letters of administration and the High Court of Lagos State (Civil Procedure) Rules which provide the procedural framework for probate and administration matters. See also the case of Bank of the North Ltd v. Yau (2001) 10 NWLR (Pt. 721) 393 which addressed the responsibilities of administrators and the distribution of estates and the case of Ugu v. Tabi (1997) 6 NWLR (Pt. 507) 410 which discussed the jurisdiction of courts in matters of probate and administration.

GRANT OF PROBATE AND LETTERS OF ADMINISTRATION

1. Probate: this is a legal process where the court authenticates the will and grants the executor the authority to administer the estate.
2. Letters of administration: this is issued by the court to appoint an administrator for intestate estates.

CONCLUSION

Succession rights in Nigeria are multifaceted, involving statutory law, customary law, and Islamic law. Understanding the applicable legal framework is crucial for the proper distribution of a deceased person's estate. Statutes and case law provide guidance on the validity of wills, order of inheritance, and the administration of estates, ensuring that the deceased's wishes and the rights of heirs are respected.