UNIT 33 - INTESTATE SUCCESSION (ADMINISTRATION OF ESTATES)

TOPIC OF THE DAY

- THE MEANING OF INTESTACY

- STATUS BASED ADMINISTRATION OF ESTATES

Meaning of Intestacy

Intestacy occurs when a person dies without having made a valid will, or the will made does not dispose of all the deceased’s property. In such cases, the property of the deceased is distributed according to the rules of intestacy as laid down by the law. Intestacy can be either total or partial. Total intestacy happens when no will is made, while partial intestacy happens when a will exists but does not cover all the deceased's assets.

In Nigeria, the administration of estates in cases of intestacy is governed by various statutes and customary laws, depending on the jurisdiction and the type of marriage contracted by the deceased. See the Administration of Estates Law in states like Lagos and Ogun, where the Administration of Estates Law governs intestacy and sections 36 to 49 of the Administration of Estates Law (Lagos State) detail the distribution of the estate in cases of intestacy.

Also under the Customary Law in many Nigerian states, customary laws govern the distribution of estates in intestacy. These laws vary widely among different ethnic groups. For example, the Yoruba customary law of inheritance typically provides for the distribution of the estate among the deceased’s children, with male children often receiving larger shares. See the case of Lewis v. Bankole (1908) 1 NLR 81 where the court discusses the application of customary law in the distribution of an estate. It is a leading case in the understanding of customary intestacy rules and the case of Obusez v. Obusez (2001) 15 NWLR (Pt. 736) 712 where the court provides insight into the principles governing the distribution of an estate under Yoruba customary law.

However, under the Marriage Act the type of marriage contracted by the deceased affects the administration of their estate. For instance, marriages conducted under the Marriage Act are subject to statutory rules, while customary marriages may be subject to customary laws.

Status-Based Administration of Estates

Status-based administration of estates refers to the legal framework that determines how the estates of deceased persons are administered based on their status, particularly marital status, type of marriage, and adherence to customary laws. This framework ensures that the administration and distribution of estates are carried out according to established legal and cultural norms. the key aspects includes the following;

1.Marital Status and Type of Marriage- This is where the type of marriage contracted by the deceased significantly affects the administration of their estate. In Nigeria, marriages can be statutory (under the Marriage Act), customary, or Islamic.

a.Statutory Marriage: This is where the Administration of Estates Law typically applies and the surviving spouse and children are the primary beneficiaries.

b.Customary Marriage: this is where the customary laws of the deceased’s ethnic group would govern the distribution and these laws can vary significantly.

c.Islamic Marriage: This is where the distribution follows Islamic law (Sharia), which prescribes fixed shares for heirs.