CUSTOMARY SUCCESSION AND INHERITANCE IN NIGERIA
In common parlance, succession is the acquisition of property by inheritance under the law of
descent and distribution. It could also mean an inheritance of a property, title, office, etc
Succession is embedded in inheritance. It is invariably interwoven with the concept of
inheritance, which is an act of receiving something when someone dies.
KEY TERMINOLOGIES
PATRILINEAL SUCCESSION: Where only male children inherit property.
MATRILINEAL SUCCESSION: Where only female children inherit property.
PRIMOGENITURE: Where only the eldest child inherits property.
ULTIMOGENITURE: Where only the youngest child inherits property.
PARTIBLE INHERITANCE: Where every child inherits readily come to the mind.
The law governing succession in Nigeria can be divided into two broad categories namely:
1) Testate Succession
2) Intestate Succession
This classification can further be divided into
1) Intestate Succession (Non Customary Law)
2) Succession under Customary Law
We are concerned here with Customary Succession and Inheritance Law
, If a deceased married under the Act and dies without making a Will, his property would be
distributed according to the Administration of Estates Law. Where he does not marry under the
Act, his property would be distributed under his personal law subject to customary law.
INTESTATE SUCCESSION UNDER CUSTOMARY LAW
Customary Inheritance Rights under Various Ethnic Groups in Nigeria
1) Inheritance in the South East of Nigeria
The mode of devolving property or inheritance under Customary Law
practice in Nigeria can be classified into three main headings:
a) Primogeniture:
The position of a first son carries with it such responsibilities as being a
father, husband, brother and uncle. Primogeniture in Latin refers to the
firstborn and it applies to the status of being the firstborn child among
numerous children, of the same parents. Invariably, the term
primogeniture denotes the state of being the firstborn child among
siblings. Jurisprudentially, it connotes the common law right of the
firstborn son to inherit his ancestor’s estate, to the exclusion of younger
siblings. Primogeniture embraces all the cases of single inheritance and
may indeed be defined as a prerogative enjoyed by the eldest son or
occasionaly the eldest daughter, through law or custom, to succeed
their cultural inheritance in preference to younger children.
In common parlance, succession is the acquisition of property by inheritance under the law of
descent and distribution. It could also mean an inheritance of a property, title, office, etc
Succession is embedded in inheritance. It is invariably interwoven with the concept of
inheritance, which is an act of receiving something when someone dies.
KEY TERMINOLOGIES
PATRILINEAL SUCCESSION: Where only male children inherit property.
MATRILINEAL SUCCESSION: Where only female children inherit property.
PRIMOGENITURE: Where only the eldest child inherits property.
ULTIMOGENITURE: Where only the youngest child inherits property.
PARTIBLE INHERITANCE: Where every child inherits readily come to the mind.
The law governing succession in Nigeria can be divided into two broad categories namely:
1) Testate Succession
2) Intestate Succession
This classification can further be divided into
1) Intestate Succession (Non Customary Law)
2) Succession under Customary Law
We are concerned here with Customary Succession and Inheritance Law
, If a deceased married under the Act and dies without making a Will, his property would be
distributed according to the Administration of Estates Law. Where he does not marry under the
Act, his property would be distributed under his personal law subject to customary law.
INTESTATE SUCCESSION UNDER CUSTOMARY LAW
Customary Inheritance Rights under Various Ethnic Groups in Nigeria
1) Inheritance in the South East of Nigeria
The mode of devolving property or inheritance under Customary Law
practice in Nigeria can be classified into three main headings:
a) Primogeniture:
The position of a first son carries with it such responsibilities as being a
father, husband, brother and uncle. Primogeniture in Latin refers to the
firstborn and it applies to the status of being the firstborn child among
numerous children, of the same parents. Invariably, the term
primogeniture denotes the state of being the firstborn child among
siblings. Jurisprudentially, it connotes the common law right of the
firstborn son to inherit his ancestor’s estate, to the exclusion of younger
siblings. Primogeniture embraces all the cases of single inheritance and
may indeed be defined as a prerogative enjoyed by the eldest son or
occasionaly the eldest daughter, through law or custom, to succeed
their cultural inheritance in preference to younger children.
