The fifth part of the series on wills and succession.
WHAT NEXT IF YOU FAIL TO SPEAK FROM THE GRAVE
Having considered how to speak from the grave, I think it is also proper to consider what happens when one chooses not to speak from the grave. In essence, what happens to a deceased estate when there is no will?
What happens to the estate of an intestate (a person who has died without having made a will) would be determined primarily by the nature of his or her marriage.
Marriage Under the Act
For a deceased person who is married in the Church or under the Marriage Act, and dies intestate, his or her estate would be governed by the provisions of statute. In the case of Lagos, it is the Administration of Estates Law Section 10 of the Law provides that “where a person dies intestate and administration is granted under this Law in respect of his real and personal estate, that estate shall be deemed to have been vested, from the date of death until administration is granted, in the Chief Judge …” Section 49 of the same Law stipulates that the estate of an intestate would be distributed as follows:
- If the intestate leaves a spouse but not children and no parent or brother or sister, then the surviving spouse inherits the estate.
- If the intestate leaves children whether he had parents or siblings then the surviving spouse shall take the personal chattels absolutely and one-third of the real estate, while the children would share the remaining two-thirds.
- If the intestate leaves no children but a spouse and a parent or siblings then the surviving spouse shall take the personal chattels absolutely and two-thirds of the real estate, while the parent takes the remaining but where there is no surviving parent then it goes to the siblings.
- If the intestate leaves children but no spouse, then his estate would devolve on his children.
- Where the intestate leaves no spouse or children but both parents, then the parents shall inherit equally.
- If the intestate leaves no spouse and no children but one parent, then the surviving parent shall inherit absolutely.
- But where the intestate leaves no spouse, children or parent then the estate would go to his siblings of full blood, if there is none, then siblings of half-blood. In the absence of this, then grandparents, if none, then uncles and aunts of full blood. In the absence of this, then uncles and aunts.
- In default of any of the above, the estate of the intestate shall belong to the state as bona vacantia and in lieu of any right of escheat.
Where the intestate is married under native Law and Custom, for example traditional marriage through the payment of dowry and other traditional formalities, without going ahead to marry in the Church or to the Marriage Registry, then his estate would be regulated by his custom.
Mrs. Akinlawon SAN obtained her LLB from the University of Lagos in 1980. She attended Nigerian Law School and was called to the Nigerian Bar in 1981. She holds a Master’s Degree (LLM) and was elevated to the rank of a Senior Advocate of Nigeria (SAN) in August 2011.