Nigerian inheritance law is more layered than most people realise. Depending on where you live, how you married, and your religion, the rules that decide who inherits what can come from statute, from English common law principles retained in Nigerian courts, from customary law, or from Islamic law. Understanding the basics now can save your family years of confusion later.
This is general information, not legal advice. Every estate is different, and you should speak to a lawyer licensed in your state for guidance specific to your situation.
If you die without a will: intestate succession
Most Nigerian adults do not have a will. When someone dies "intestate," meaning without a valid will, the distribution of their estate depends on which legal framework applies. Under the Administration of Estates laws that apply in several states, a spouse and children typically inherit according to a fixed formula. Under customary law, which still governs many families particularly outside major cities, inheritance often follows lineage rules that can differ significantly by ethnic group, and in some customary systems a surviving spouse historically had limited direct inheritance rights, though court decisions in recent decades have increasingly protected spousal and daughters' rights.
The Wills Act and writing a will
Nigeria's wills legislation, rooted in the English Wills Act and adapted through various state laws, allows any adult of sound mind to write a will disposing of their property. A valid will generally needs to be in writing, signed by the testator, and witnessed by at least two people who are not beneficiaries. A properly drafted will is the single most effective tool for avoiding disputes, because it removes ambiguity about your intentions.
Letters of Administration: the process without a will
When there is no will, the family (or a bank or other institution holding assets) will typically require Letters of Administration before releasing funds or transferring property. This involves applying to the Probate Registry of the relevant State High Court, usually with a death certificate, evidence of next of kin, and a list of assets. This process can take months, sometimes years, particularly if there is any dispute among family members or if some assets cannot be clearly documented.
What banks and institutions actually require
In practice, Nigerian banks will freeze a deceased customer's account until the family produces a death certificate and either a will with probate (Grant of Probate) or Letters of Administration. This is precisely where families most often get stuck: they know an account exists, but cannot produce the paperwork the bank requires, or worse, they do not know the account exists at all because there was no record.
Customary and Islamic law considerations
For many Nigerians, statutory law is not the only, or even the primary, framework that applies. Under Islamic law, applicable to many Muslim families particularly in the north, inheritance shares are prescribed in detail by Sharia and are typically administered separately from the civil court probate process. Under various customary systems, land in particular is often treated differently from movable property, and family heads or elders may play a formal role in distribution. Where these systems apply, it is worth understanding which one governs your family before assuming any general rule applies to you.
Practical steps to protect your family
- Write a will, even a simple one, through a lawyer.
- Keep a written, updated record of every account, property, and asset you hold, and where the documents for each are kept.
- Tell your next of kin, clearly, who to contact and what exists, rather than assuming they already know.
- Register land properly and keep title documents somewhere your family can find them.
This is exactly the gap Remayn was built to close. You register what you own once, name the people who should be told, and Remayn quietly keeps that record safe, releasing it to your family only when its verification protocol confirms you are no longer reachable. It does not replace a will or a lawyer, but it makes sure your family is never starting from zero when they need this information the most.
