Nigeria: Family and Matrimonial

A will is a legal document that states how a person wants their property and affairs handled after death. In Nigeria, a will is only effective if the legal formalities are properly followed. At a practical level, the safest approach is to ensure the will is in writing, made by a person with capacity, signed by the testator, and attested by at least two competent witnesses at the time of execution.

In Nigeria, intestacy is far more common than most people realise. When a person dies without a valid will, it means they died “intestate”; and their estate does not automatically pass to any family member. Instead, it is distributed according to statutes, customary laws of succession, and rules that differ depending on the deceased’s ethnicity or where the deceased lived, their culture or religion.

When a person dies in Nigeria, their assets and liabilities require proper legal administration before distribution to rightful beneficiaries. This comprehensive guide examines the legal framework governing estate administration, distinguishing between Probate and Letters of Administration, and addressing the procedural requirements, common challenges, and practical considerations that executors, administrators, and beneficiaries must navigate when managing deceased estates under Nigerian law.

The Supreme Court of Nigeria has issued a landmark ruling in Ugbah v. Ugbah that fundamentally reshapes family law jurisprudence by establishing that wives and children can pursue maintenance claims as standalone actions without filing for divorce. This decision removes procedural barriers that previously limited access to financial support and affirms that children's welfare rights are enforceable regardless of their parents' marital status or relationship.

A landmark Indian Supreme Court ruling on alimony has reignited debate about whether education and earning capacity should disqualify spouses from claiming maintenance after divorce. Nigerian law under the Matrimonial Causes Act takes a nuanced approach, weighing means, earning capacity, and conduct rather than applying automatic rules based on professional qualifications or employment status.

The Dr. Tosin Ajayi estate case reveals a critical legal distinction that affects inheritance rights in Nigeria: separation does not legally end a marriage. After 35 years apart, the Lagos State High Court ruled that Dr. Ajayi's first wife remained his sole lawful widow, demonstrating how marital status determines who controls estates, inherits assets, and manages business interests. This landmark case exposes the costly consequences of assuming that time and distance can dissolve a marriage without formal

A will is a legal document that states how a person wants their property and affairs handled after death. In Nigeria, a will is only effective if the legal formalities are properly followed. At a practical level, the safest approach is to ensure the will is in writing, made by a person with capacity, signed by the testator, and attested by at least two competent witnesses at the time of execution.

In Nigeria, intestacy is far more common than most people realise. When a person dies without a valid will, it means they died “intestate”; and their estate does not automatically pass to any family member. Instead, it is distributed according to statutes, customary laws of succession, and rules that differ depending on the deceased’s ethnicity or where the deceased lived, their culture or religion.

When a person dies in Nigeria, their assets and liabilities require proper legal administration before distribution to rightful beneficiaries. This comprehensive guide examines the legal framework governing estate administration, distinguishing between Probate and Letters of Administration, and addressing the procedural requirements, common challenges, and practical considerations that executors, administrators, and beneficiaries must navigate when managing deceased estates under Nigerian law.