The legal framework
Nigerian succession law is genuinely plural. A person married under the Marriage Act is generally governed by the received English law and the state Administration of Estates laws; customary law governs many other estates; Islamic law applies in much of the north. The Supreme Court held in Ukeje v Ukeje (2014) that customary rules excluding daughters from inheritance are unconstitutional, and it has repeatedly struck down the exclusion of widows. Wills laws in several states expressly preserve customary restrictions, which is where most litigation arises.
In Nigeria the decisive question is usually not who inherits but whether the property can be transferred. Land held without a registered title, or held in undivided family shares, cannot be dealt with however clear the entitlement.
Widows remain the most exposed group. Where the deceased's relatives remove property or occupy the home, the legal answer exists but requires going to court quickly; the practical answer is a will and a registered title made during the owner's lifetime.
For families with members abroad, remittances often paid for the property while the title stayed in one relative's name. That mismatch between who paid and who is registered is the single most common source of inheritance disputes in the diaspora.
Key points
| Systems | Statutory, customary and Islamic law, applied according to the marriage and the parties |
|---|---|
| Daughters | Customary exclusion of daughters held unconstitutional in Ukeje v Ukeje (2014) |
| Widows | Protected by case law against customary disinheritance |
| Wills | Governed by state Wills Laws, several of which preserve customary limits |
| Letters of administration | Issued by the probate registry of the state High Court |
| Estate tax | No federal estate duty; state estate fees apply |
In practice
- Obtain the death certificate and establish which system of succession applies.
- Apply for probate or letters of administration at the competent court.
- Inventory the estate, including land, and check that titles are registered.
- Advertise for creditors and settle debts before any distribution.
- Distribute according to the statutory shares, and record the distribution in writing.
Cost and coverage
Court and registry fees are modest. The heavy costs are lawyers in contested estates and the surveying and titling of land that was never registered. Families who regularise a title while the owner is alive spend a fraction of what their children will spend afterwards.
Recent changes
Appellate courts have continued to invalidate customary rules that exclude widows and daughters, but enforcement at family level remains the practical obstacle.
Where to go
- Probate registry of the High Court or the competent lower court
- Administrator General or public trustee, where one exists
- Lands registry, for the transfer of immovable property
- Legal aid or law society referral, for families without means
- Civil registry, for the death certificate and proofs of relationship
Worth knowing
The form of the marriage largely determines the succession regime: a statutory marriage under the Marriage Act points to statutory succession, a customary marriage to customary law.
Frequently asked questions
Who inherits if there is no will?
The statutory shares set by the applicable Act: the surviving spouse and children first, then parents and other dependants.
Can a widow be evicted from the family home?
No. In each of these jurisdictions the law protects the surviving spouse's occupation, and in some it is a criminal offence to interfere.
What if the land has no title?
The succession cannot be completed until the title is regularised. That is the first step, before any distribution.
Does a partner who was never married inherit?
Only where the law recognises cohabitants, and usually by making a claim to the court rather than as an automatic entitlement.
Official sources and links
- Nigeria.gov.ng — official government portal