The legal framework
Property follows legal title, though courts may order settlement of property on divorce. Succession depends on the type of marriage: statutory marriages bring the estate under the Administration of Estates laws, while customary law may otherwise apply. In Ukeje (2014) the Supreme Court struck down the Igbo custom excluding daughters from inheriting as unconstitutional. Across these jurisdictions, the decisive practical questions are the same: was the marriage registered, whose name is on the title, and is there a will?
Key points
| Matrimonial property | Follows title; settlement of property orders available |
|---|---|
| Statutory succession | Administration of Estates laws of the relevant state |
| Customary succession | Applies to customary marriages, subject to constitutional limits |
| Daughters | Ukeje confirmed daughters' right to inherit |
| Widows | Customary practices disinheriting widows have been held unconstitutional |
| Wills | Permitted, subject to customary law limits in some states |
| No matrimonial regime | Property follows title; courts consider contribution on divorce |
| Type of marriage decides succession | Statutory marriage brings the Administration of Estates law into play |
| Letters of administration | Required to deal with a deceased person's accounts and land |
In practice
- Register the marriage and the title to property: these two documents decide most disputes.
- Record contributions to any asset, including labour and materials.
- Make a will and lodge it where it can be found.
- Where customary practices threaten a widow's position, the constitutional protections are real and enforceable — legal aid organisations litigate these cases regularly.
- Apply for letters of administration promptly; banks will not release funds without them.
- Register land in joint names where both spouses contribute.
Cost and coverage
Registration and wills are cheap; estate litigation is not, and delays can leave a family without access to property for years.
Recent changes
The shared regional trend is statutory protection of the surviving spouse against customary disinheritance, reinforced by constitutional rulings.
Where to go
- National registrar of lands and deeds.
- Probate registry or administrator general.
- Legal aid schemes, law clinics and women's rights organisations.
Worth knowing
Property grabbing from widows remains common across the region despite the law being clear. Acting quickly — securing the title documents and reporting interference — matters more than the eventual court case. The Supreme Court has held that customary rules excluding daughters from inheritance are unconstitutional. Those decisions bind every court, whatever the community practice.
Official sources and links
- Nigeria.gov.ng — official government portal