E-ISSN: 3433-5443
P-ISSN: 2445-2943
DOI: https://iigdpublishers.com/article/1476
More often than not, when a man dies intestate (without making a formal will), sharing or distribution of his properties usually poses a big problem. In Nigeria, it is almost usual for the widow and female children of the deceased intestate to part with nothing from the estate of their late husband and father respectively. This trend will persist if unchecked by the marriage laws. This paper x-rays the law regulating succession and inheritance rights in relation to the properties of a person who died without making a will in Nigeria. The study adopts a doctrinal legal research methodology, which makes use of primary sources, such as: statutes, case laws, and secondary source such as: text books, journals periodicals, magazines, newspapers and internet sources. The study analysed and examined the rule of intestate succession and the rights of widow and children of a deceased intestate to benefit from the estate of their deceased husband or father as the case may be.
Tony Agums Francis PhD & Legborsi Tony-Francis PhD
(1837) 7 E.R. 365
(1949) AC 391 when he held
(1961) LPELR-25073 (SC)
(1972) 2 ECSLR [Pt. 2] 779, at 781 and 785, per Agbakoba, J.
(1972) LPELR-2802 (SC) per MADARIKAN, JSC, at page 9, paragraph G.
(1973) ANLR 320 at 330. (2009) LPELR-8421(CA), at 20, E - F
(2012) LPELR-7988 (CA); per MSHELIA, JCA (Pp. 8-9, paras. F-D)
(2014) LPELR-22631 (CA).
(2014) LPELR-23041 (CA)
(2018) LPELR-44782(CA), at pages 3-5, paragraphs D - D, per EKPE, JCA.