When it comes to inheritance, many Nigerians hold beliefs that don’t align with the law. Let’s tackle some common misconceptions and set the record straight!
- “The eldest child automatically inherits everything.”
✅ Truth: Under Nigerian law, inheritance is governed by a will or intestacy rules (if no will exists). The eldest child does not have automatic rights to everything. In cases of intestacy, property is distributed among surviving family members according to customary or statutory laws. - “Women cannot inherit property under customary law.”
✅ Truth: While some customs may favor male heirs, this has been challenged in Nigerian courts. Landmark cases have upheld women’s rights to inherit property under certain circumstances, ensuring gender equality. - “A written will cannot be contested.”
✅ Truth: Wills can be challenged in court if there are valid grounds, such as fraud, undue influence, or improper execution. It’s always advisable to have your will drafted and witnessed correctly.
- “All debts of the deceased must be paid before inheritance.”
✅ Truth: While debts are settled from the estate, this does not mean heirs lose everything. Remaining assets are distributed to beneficiaries as outlined in the will or intestacy rules. - “Customary laws override statutory laws in inheritance matters.”
✅ Truth: Statutory laws, such as the Administration of Estates Law, often take precedence, especially in states that have domesticated these laws. However, the interplay between customary and statutory laws depends on the specific circumstances.
Understanding inheritance laws empowers you to protect your assets and loved ones. Consult a lawyer to ensure your estate planning is in line with Nigerian law.
