DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 218)
“CAN A “WILL” BE REWRITTEN AFTER DEATH OF ITS OWNER ?”

An owner (testator) of a Will has the right to share his property in the manner he pleases. He can also change his Will as many times as he pleases before his death. Once the maker is dead, no person can change his Will. His Will must be respected by all.

My authority is Asika V. Atuanya (2013) 14 NWLR PART 1375.

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DAILY LAW TIPS
by Onyekachi Umah,Esq.
(Tip 144)
“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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LearnNigerianLaws.Com in 2016 published and circulated for free over 10 law articles on WILLS, MARRIAGE, LAND, NBA STAMP, CONTRACT, TENANCY, BUSINESS, BOUNCED CHEQUE AND TRADEMARKS. They were written in simple English without law jargons, for easy understanding of none-lawyers. Below are links to 10 law articles as published on www.LearnNigerianLaws.com 

 Please read and be empowered!

Click on each article to read. Feel free to share!

 

  1.   HOW TO RECOVER PROPERTY OF THE DEAD IN NIGERIA. (A legal guide on Probate Matters in Nigeria)  http://www.learnnigerianlaws.com/index.php/law-articles/family-law/21-how-to-recover-property-of-the-dead

  

  1.   HOW TO BE LEGALLY MARRIED IN NIGERIA - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/family-law/10-how-to-be-legally-married 

  

  1.   LEGALITY OF GOVERNMENT’S COMPULSORY ACQUISITION OF LAND AND PAYMENT OF COMPENSATIONhttp://www.learnnigerianlaws.com/index.php/law-articles/land-law/16-legality-of-government-s-compulsory-acquisition-of-land-and-payment-of-compensation

  

  1.   PROCEDURE AND REQUIREMENTS FOR OBTAINING NBA LAWYERS'STAMP, INSURANCE POLICY AND OTHERS. http://www.learnnigerianlaws.com/index.php/law-articles/law-in-practise/18-procedure-and-requirements-for-obtaining-nba-lawyers-stamp-insurance-policy-prepaid-cards-lawyers-verification-exercise

  

  1.   BOUNCED/DUD CHEQUE AND ITS LEGAL CONSEQUENCES IN NIGERIA- LearnNigerianLaws.com http://www.learnnigerianlaws.com/index.php/law-articles/criminal-law/8-bounced-or-dud-cheque-and-its-legal-consequence

  

  1.   RIGHTS OF A TENANT IN NIGERIA. - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/landlord-and-tenant-law/24-rights-of-a-tenant

  

  1.    RIGHTS OF A LANDLORD IN NIGERIA. - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/landlord-and-tenant-law/23-rights-of-a-landlord

  

  1. HOW TO REGISTER A BUSINESS NAME, A PARTNERSHIP ANDA COMPANY IN NIGERIA - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/commercial-and-corporate-law/11-how-to-register-a-business-a-partnership-and-a-company

  

  1. REGISTRATION OF TRADEMARKS IN NIGERIA. - Learn Nigerian Laws http://www.learnnigerianlaws.com/index.php/law-articles/commercial-and-corporate-law/22-registration-of-trade-marks 

     

       10. HOW TO WRITE AGREEMENTS (CONTRACTS) - Learn Nigerian laws http://www.learnnigerianlaws.com/index.php/law-articles/commercial-and-corporate-law/25-how-to-write-agreements-contracts 

 

Join us every month as we publish for free, easy to understand law articles on areas that affect the ordinary man. Our publications are for the general public; none-lawyers and lawyers. It is our vision to enlighten all Nigerians on Nigerian laws to build a safer, more informed and accountable Nigeria. We wish you a fruitful new year; 2017.

Thank you.

 

Onyekachi Umah, Esq. ACIArb(UK)

Founder and Senior Contributor

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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?

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