Writing a will is one of the most important steps you can take to protect your family, preserve your legacy, and ensure your assets are shared according to your wishes. But what happens if you die without one?
In Nigeria, dying intestate—that is, without a valid will—can lead to complicated legal processes, family disputes, and outcomes that may not reflect your true intentions. This article explores what happens when a person dies intestate in Nigeria and why every adult should consider creating a will.
What Does It Mean to Die Intestate?
When a person dies intestate in Nigeria, their estate (property, money, investments, etc.) is distributed according to the applicable customary, statutory, or religious laws, depending on:
-
The deceased’s ethnic background and beliefs
-
Whether they were Christian, Muslim, or practiced traditional religion
-
The region or state they lived in
Because Nigeria is a plural legal system, the rules can vary significantly depending on these factors.
Three Legal Systems That May Apply
-
Customary Law
Applies to individuals who lived under traditional practices. Property is often inherited patrilineally, meaning male family members (sons, brothers, uncles) may be favoured. In some customs, wives or female children may receive little or no inheritance. -
Islamic (Sharia) Law
In Northern Nigeria and among Muslim families, inheritance is governed by Islamic principles. Sharia outlines specific shares for spouses, children, siblings, and parents. Generally, male heirs receive double the portion of female heirs. -
Statutory Law (Administration of Estates Law)
This applies when customary or Islamic law does not, often in Christian or non-traditional households. The estate is distributed according to laws like the Administration of Estates Law of Lagos State or other applicable state laws.
Who Gets What When There’s No Will?
Under statutory law, the estate typically goes to the next of kin in a specific order:
-
Spouse and children – They are the primary beneficiaries.
-
Parents – If no spouse or children exist.
-
Siblings, nephews, and nieces – If no closer relatives survive.
However, customary and Islamic laws may override these provisions in certain communities or regions.
Risks of Dying Without a Will in Nigeria
❌ Family Disputes and Litigation
Different family members may fight over your property, especially in blended families or where customary law disinherits certain members.
❌ Unfair Distribution
Without a will, your assets may be shared in a way that excludes your spouse, partner, or daughters, depending on your community’s customs.
❌ Delays and Complications
Your family may need to apply for Letters of Administration, which can be a long and expensive process, especially if there’s disagreement on who should manage your estate.
❌ Vulnerability of Children and Widows
In some cases, widows are left with no home or financial support, and children may not receive the education or care you intended for them.
Benefits of Writing a Will in Nigeria
-
Protect your spouse and children, regardless of custom or religion
-
Choose who inherits your property
-
Appoint trusted executors and guardians for minors
-
Avoid family conflict and lengthy court processes
-
Minimise legal costs and stress for your loved ones
How to Write a Will in Nigeria
To ensure your will is valid:
-
It must be in writing and signed by you
-
You need two witnesses (not beneficiaries)
-
You should appoint at least one executor
-
Ideally, consult a solicitor to draft it properly and register it with the probate registry
Need help writing your will?
At Bidwells Attorneys, we offer affordable, confidential will-writing and estate planning services tailored to your cultural and legal needs.
📞 Call us +2348063161526 Or Book a consultation online today.
