DAILY LAW TIPS
by Onyekachi Umah,Esq.
“Who Can Inherit Property Of A Dead Person In Nigeria.”
“WILL” is not an invitation to death rather a strict instruction on how one’s property should be shared when he is dead. Where there is no “WILL”, the following persons can inherit the property of their dead ones in this particular order of priority:
1. Wife/Husband of the deceased
2. Where there is no Wife/Husband, then the children of the deceased.
3. Where the children died during the lifetime of deceased leaving grandchildren, then the said grand children of the deceased.
4.Where there is no child, then the Mother/Father of the deceased.
5. Where there is no Mother/Father, then the Brothers and Sisters of the deceased.
6. Where the brothers and sisters of the deceased died during the lifetime of the deceased, then the children of the late brothers and sisters of the deceased.
7. Where there are no children of brothers or sisters, then the step-brothers and step-sisters of the deceased.
8. Where the step-brothers and step-sisters, of the deceased died during the lifetime of the deceased, then the children of the step-brothers and step-sisters of the deceased.
9.Where there are no children of step-brothers and step-sisters, then the Grand-Father and Grand-Mother of the deceased.
10.Where there are no grand-fathers and grand-mothers, then the direct Uncles and Aunts of the deceased.
11. Where there are no Uncles and Aunts, then the creditors of the deceased.
12. Where there are no Creditors, then the Administrator-General of the State.
My authorities are section 49(1) of Administration of Estates Law, Lagos State and similar laws in other states of the Federation and the case of Williams V. Ogundipe (2006) ALL FWLR (part 327)p.540.
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HOW TO RECOVER PROPERTY OF THE DEAD IN NIGERIA - “A LEGAL GUIDE ON PROBATE MATTERS”.
A righteous man leaves inheritance for his off springs says the holy book. We all must die someday but what we may leave are our off springs, legacies, assets, liabilities, problems we solved and those we created. The death of a person is not the death of his/her property, assets and liabilities. The death of loved ones and breadwinners is not a launch into poverty and misery. No one dies with his assets (anything that adds to wealth) and liabilities (anything that reduces wealth) rather such is left for the good of the living. It is the right of the living to take over ownership and administration of the assets and property even the liability of the dead (deceased). Whether a deceased died leaving a WILL (testate) or without a WILL (intestate) his property must be owned and managed by the living. Now, the question is who should legally manage and benefit from the property of a dead in Nigeria?