Death is inevitable; disputes after death, in Nigeria, often are not. Too many families implode, bitter arguments erupt, and loved ones end up in court because a bread-winner passed away without leaving clarity. Property is contested. Second wives feel cheated. Stepchildren are ignored. Even legitimate heirs fight over small plots or mere furniture. The root cause is almost always ignorance of inheritance law and failure to make a will. Understanding how property is shared after death, and how to lay down clear instructions, is not morbid—it’s essential for peace, dignity, and harmony.
When a person dies, their assets must pass (or “succede”) to the rightful heirs through legal channels. There are three main regimes for this in Nigeria: statutory (or testate) succession when there is a valid will; intestate (no will) succession, which is governed by statutory laws or state laws; and customary or Islamic laws that apply to people who were married or lived under those personal laws. A will is your legal tool to specify exactly how you want your properties distributed. Without it, the law takes over—and often in ways that surprise families. A well-drafted will reduces friction, ensures your wishes are respected, and protects vulnerable relatives.
Imagine a man in Ibadan who had three wives under customary law but left no will. After his death, his estate becomes ground zero for competing claims: the first wife claims predominance, the second wife and children demand their share, and stepchildren from other relationships feel excluded. Or a woman in Kano, married under Islamic law, dies leaving a family home and farmland. Her son insists it should all pass to him; her husband claims half. Without clarity, the courts become battlegrounds. Another scenario: a wealthy Lagos professional dies, leaving no will; his siblings from his hometown claim ancestral family lands, while his widow and children claim his urban assets. Each group cites customary or statutory rules in their favour. These are not hypothetical—they are common in estates across Nigeria.
Demand legal counsel, insist on clarity, share your intentions with family. Inheritance need not be a curse; with foresight, it can be an inheritance of harmony.
The legal framework for inheritance in Nigeria is a patchwork of statutes, state laws, customary norms, and religious personal laws. The *Wills Act 1837* (as adopted) provides that a person may execute a will in writing, signed by the testator and attested by two witnesses. A valid will must satisfy formalities; otherwise it may be struck down.
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In each state, there is also an Administration of Estates Law (or Wills Law, Probate Law) which governs how estates are handled, how to obtain probate or letters of administration, how claims are verified, and how property is vested in personal representatives. Where a person dies without a will (intestate), the laws of intestacy take over—statutory, customary or Islamic, depending on the deceased’s religious or ethnic background, domicile, and how they lived. One important doctrine is that a valid statutory will overrides customary inheritance claims when there is conflict. In the case Ilori v. Ilori (1983), the Supreme Court held that a will made in compliance with Wills Law takes precedence over customary claims.
Executors and administrators appointed under the Wills Act or Administration of Estates Laws carry legal duties. They must verify claims, collect assets, pay debts and distribute the residue to beneficiaries. If they fail or act improperly, they may be held liable under those statutes. Also, state Wills Laws may vary—some states require that wills be lodged with the Probate Registry within certain timelines, and failure to lodge may incur penalties. Furthermore, for Muslims, inheritance is governed by Islamic law (Sharia), which has its own rules of shares among heirs. But even then, a Muslim may make a will disposing up to one-third of estate for non-heirs.
In Ilori v. Ilori (1983), a testator had made a statutory will disposing of his property. Some family members in the community claimed that under customary law the property should pass according to tradition. The Supreme Court affirmed that the will, duly executed under statutory law, supersedes customary claims. In effect, this judgment affirms that when a person chooses statutory succession via a will, that choice is respected even over customary rules. This decision guides that a properly made will is legally powerful and takes precedence over rival customary claims.
First, every adult who owns property should make a will—even a simple one. Do not wait until old age; accidents come unannounced. Second, ensure the will is valid: write it down, sign it yourself, have at least two credible witnesses who are present when you sign, and ensure you had mental capacity at signing. Avoid drafting your own will in a way that violates technical requirements. Third, name executors you trust, and specify contingencies if they die. Give clear instructions. Fourth, lodge your will (or at least keep a safe copy and notify someone you trust where it is) with the Probate Registry or a trusted legal custodian. Fifth, make reasonable provision for dependents, especially spouses and children, so that claims of neglect are minimized. Sixth, if you have multiple marriages, stepchildren, or property across states, get professional counsel to coordinate your will with applicable laws (customary, Islamic, state Wills laws). Seventh, keep your will updated as life events occur—marriage, divorce, birth of children, sale or acquisition of property. Outdated wills can cause disputes.
Writing a will is not an invitation to death; it is an act of love and responsibility. Inheritance disputes harm families, sow division, and dishonour legacies. By taking control—by making clear, legal arrangements—you protect peace, honor intent, and spare those you love the agony of courtroom wars. Demand legal counsel, insist on clarity, share your intentions with family. Inheritance need not be a curse; with foresight, it can be an inheritance of harmony.
