Intestate Succession in Nigeria: What Happens If There Is No Will

When someone dies without a valid Will in Nigeria, the law — not the family — decides who inherits. But which law applies depends on the deceased's marriage type, religion, and ethnic background. Nigeria's three coexisting legal frameworks — statutory, customary, and Islamic — each produce radically different outcomes for the same estate.

Understanding which system governs your situation is the first step to protecting your rights.

How to Determine Which Law Applies

The starting question is not "what did the family agree on?" — it is "what type of marriage did the deceased contract?"

Marriage under the Marriage Act (statutory marriage): Statutory intestacy rules apply. These provide the most structured and gender-neutral distribution.

Customary marriage only: The distribution follows the deceased's ethnic customary law — Yoruba, Igbo, Benin, Hausa, or whichever tradition applies.

Deceased was a practising Muslim: Islamic inheritance law (Mirath) applies, with fixed Quranic fractions that override both statutory and customary rules.

If the deceased contracted both a customary marriage and a subsequent statutory marriage, competing claims arise — a situation that often ends in High Court litigation.

Statutory Intestacy Rules

Under state Administration of Estates Laws (applicable when the deceased married under the Marriage Act):

• Surviving spouse receives one-third of the estate
• Children share the remaining two-thirds equally — sons and daughters inherit equally
• If there is no surviving spouse, the children inherit everything in equal shares
• If there are no children, the spouse receives two-thirds and the parents receive one-third
• If there is no spouse and no children, the estate passes to parents, then siblings, then extended family

These rules apply regardless of the family's ethnic background or customary traditions. The statutory framework treats all children equally — biological, adopted, male, female.

Customary Law Distribution

When the deceased married under customary law and did not contract a statutory marriage, the distribution follows ethnic traditions.

Yoruba Customary Law

Yoruba intestacy uses one of two methods:

• ***Idi-Igi* (Per Stirpes):** The estate is divided into equal portions based on the number of wives. Each wife's share is then split equally among her children. In a polygamous household, a wife with one child receives the same total as a wife with five — but the single child gets the full share while the five children each get one-fifth.
• ***Ori-Ojori* (Per Capita):** The estate is divided equally per head among all children, regardless of which wife they belong to.

Igbo Customary Law

Traditional Igbo inheritance follows male primogeniture — the eldest surviving son (Okpala) inherits the bulk of the estate and acts as family trustee. Historically, daughters and widows were excluded entirely.

However, the Supreme Court has declared this practice unconstitutional. In Ukeje v Ukeje (2014) and Anekwe v Nweke, the court ruled that customary rules disinheriting women violate Section 42(1) of the 1999 Constitution. Despite these rulings, traditional practices persist in many communities.

Benin Customary Law

Under Benin custom, the eldest surviving son inherits the family home (Igiogbe) — but only if he completes the mandatory traditional funeral rites (Itolimi). This rule overrides even a written Will in some cases.

Islamic Inheritance (Mirath)

For practising Muslims, the Quran prescribes fixed mathematical fractions that cannot be altered by the deceased's wishes or the family's preferences:

• Surviving husband receives one-quarter (if there are children) or one-half (if no children)
• Surviving wife receives one-eighth (if there are children) or one-quarter (if no children)
• Daughters receive half the share of sons of equal kinship
• Parents each receive one-sixth if there are surviving descendants

Before any distribution, all funeral expenses and outstanding debts must be settled. A Muslim can only bequeath up to one-third of their estate through a Will (wasiyyah), and bequests can only go to non-heirs — unless other heirs consent.

In Northern Nigeria, Sharia courts have formal jurisdiction over these calculations. In South-West Nigeria, where Sharia courts lack statutory recognition, Yoruba Muslims often use mosque-based mediation councils and Sharia Arbitration Panels.

The Practical Impact of Dying Intestate

Beyond the distribution rules, intestacy imposes significant costs and delays:

You need Letters of Administration. This requires a formal application to the Probate Registry, an asset valuation, a 21-day public notice window, and an estate duty payment (10% of assessed value in Lagos). The process takes 6 to 12 months for uncontested estates.

The court chooses the administrator. Without a Will, you cannot designate who manages the estate. The court appoints administrators based on a priority hierarchy, which may not align with who the family thinks should be in charge.

All assets are frozen. Bank accounts, pension RSAs, and property cannot be accessed until the court issues the grant. Meanwhile, bills accumulate, properties deteriorate, and tenants stop paying rent.

Minor children are vulnerable. If both parents die intestate without designated guardians, the Administrator-General and Public Trustee (AGPT) or court-appointed guardians manage the children's inheritance — a process that can take years.

The most effective protection against all of these outcomes is a valid Will executed under the Wills Act. The Nigeria Estate Settlement Guide covers both testate and intestate pathways — including the complete Probate Registry workflow, distribution rules for all three legal systems, and the exact forms and fee schedules you need at each step.

Guide to Estate Settlement and Inheritance in Nigeria →