Most younger Nigerians imagine wills are for the outdated, rich, or terminally ailing. However the actuality is completely different. Your smallest possessions, like your financial savings account, your laptop computer, your automotive, and even your furnishings, might be distributed by regulation in case you die with no will. And relying in your faith or ethnicity, that distribution is probably not what you imagined.
Ayokunmi Alabi, a dispute decision lawyer, says this perception is widespread however harmful.
“There’s the age-long false impression that writing a will means the particular person needs to die, and Nigerians, being averse to any negativity, would moderately not speak or do something in regards to the topic as a result of they imagine it might even hasten the dying. Nicely, nobody lives eternally; it’s higher to plan for dying whereas nonetheless alive.”
So, what occurs to your belongings in case you die with no will? This is why Nigeria’s three authorized techniques divide property, and why even younger, single individuals ought to begin fascinated by property planning.
Why writing a will as a younger Nigerian issues
When somebody dies with no legitimate will, attorneys name it “dying intestate.” In Nigeria, this occurs typically. With out written directions, relations are left to battle over property, dragging disputes by means of customary courts, excessive courts, and even spiritual tribunals.
Alabi stresses that that is avoidable. “A will mainly paperwork, whereas nonetheless alive, how one would love his properties or possessions to be shared or administered upon dying,” he explains. “It protects your heirs, property and family members if you find yourself not there.”
Wills aren’t just for the wealthy or aged. They’re a authorized roadmap to forestall confusion and battle. And in Nigeria, confusion is sort of assured in case you die intestate.
What’s intestate succession?
Intestate succession means the method of distributing somebody’s belongings after they die with no legitimate will. In Nigeria, three completely different techniques govern this course of:
-
Statutory regulation (the administration of estates regulation) applies primarily to Christians and people married beneath the Marriage Act.
-
Customary regulation, rooted in ethnic traditions, varies by tribe (Igbo, Yoruba, Hausa/Fulani).
-
Islamic/Sharia regulation, for Muslims, is guided by Qur’anic guidelines and Islamic jurisprudence.
Every system has its personal order of inheritance, guidelines about gender, and therapy of widows, dad and mom, and siblings. Meaning the identical younger particular person’s belongings may very well be divided three fully alternative ways relying on their background.
Distribution of property beneath statutory regulation
Statutory regulation governs inheritance for individuals who married beneath the Marriage Act or who aren’t certain by customary or Islamic regulation. The Administration of Estates Regulation lays out who inherits first. Usually, belongings go to the partner and kids; if there’s no partner or kids, dad and mom and siblings come subsequent.
Alabi clarifies, “The order of inheritance solely involves play when somebody dies intestate (with no will).” In different phrases, in case you go away a legitimate will, you can provide your belongings to anybody, offered you additionally make sufficient provision on your dependents.
For younger, single individuals with no kids or partner, statutory regulation means your dad and mom, after which your siblings, will possible inherit your property. If each dad and mom are useless, siblings are subsequent in line. However a court docket should difficulty what’s known as a “Letter of Administration” earlier than your property may be managed (extra on this under).
Distribution beneath customary regulation
Customary regulation varies throughout Nigeria’s ethnic teams. For the Igbo, the rule of primogeniture typically applies, and inheritance passes to the eldest son. Feminine kids and widows might have restricted rights. This is usually a shock for contemporary households.
The Yoruba system, in contrast, has two recognised strategies:
-
Idi-igi (“division by tree”): Property is split by every spouse’s “tree.” For instance, if a person has 4 wives, the property is break up into 4, and every spouse’s kids take solely from their mom’s share.
-
Ori o jori (“division by heads”): All kids and wives obtain equal shares per head.
Alabi explains these two techniques,
“For ‘idi-igi’ the place a person has 4 wives who gave delivery to quite a few kids, the property might be shared simply into 4… whereas the ‘ori o jori’ means every thing is shared equally amongst the surviving spouse and their kids per head.”
Amongst Hausa/Fulani (non-Muslim) communities, conventional practices additionally are likely to favour male heirs, although specifics differ by locality.
For younger, single individuals, customary regulation typically means your belongings return to your prolonged household, generally to uncles or male kinfolk, relying on the custom. This may disinherit siblings or feminine kinfolk fully.
Distribution beneath Islamic/Sharia regulation
Islamic inheritance is strictly codified. The Qur’an and Islamic regulation assign fastened fractions to heirs. Sons usually obtain twice the share of daughters; widows obtain one-eighth (if kids exist) or one-quarter (if no kids).
Alabi calls it “simple and direct as a result of it has the drive of regulation.” He explains,
When somebody dies a practising Muslim, the regulation is that the deceased’s properties is shared in response to the Islamic regulation of inheritance. The deceased can solely bequeath or give out one-third of his properties, whereas the opposite two-thirds might be shared Islamically.
If a Muslim dies single with no kids, Sharia laws nonetheless decide who inherits, normally dad and mom, siblings, and prolonged household in a selected order. In contrast to customary regulation, there may be little flexibility; the shares are Qur’an-based.
What are the implications of dying with no will in Nigeria?
Whenever you die intestate, you lose management of who will get what. Household disputes are widespread. Widows and kids may be sidelined beneath some customary techniques. Courtroom processes can drag on for years, freezing financial institution accounts and property. In some instances, your closest dependents might need to sue to assert what they’re entitled to.
Alabi warns, “Having a will avoids sure pitiable eventualities, protects your heirs, property and family members if you find yourself not there.”
Letters of Administration and the way the property is managed
When you die with no will, your loved ones can’t simply stroll into your financial institution and withdraw your cash or promote your property. They want a Excessive Courtroom to difficulty a “Letter of Administration.”
This authorized doc appoints a number of directors to handle your property, accumulate belongings, pay money owed, and distribute property in response to the relevant regulation.
Making use of for Letters of Administration entails paperwork, affidavits, sureties, and lists of heirs. With out it, even your quick household could also be locked out of your belongings.
Why younger individuals in Nigeria ought to write a will
You don’t should be wealthy to jot down a will. Alabi says, “The properties don’t should be worthwhile to the general public, so long as it’s worthwhile to the testator. You’ll be able to will your outdated books, your bookshelf, your wedding ceremony go well with, or that your outdated rickety automotive or your favorite chair or eating set. Something and every thing you personal may be willed.”
A will helps you to:
-
Resolve who will get your belongings.
-
Present for mates, siblings, or charities, not simply dad and mom.
-
Keep away from prolonged court docket processes on your family members.
And you’ll change it anytime whereas alive.
