AN EXAMINATION OF THE RULES OF INTESTACY UNDER NIGERIAN CUSTOMARY LAW

Abstract

This research work examines the general principles and rules of intestacy under Nigerian customary law; it further appraises the specific modes of inheritance among the various tribes in Nigeria especially the south eastern part. It analyses customary law of intestacy and the judicial and legislative interventions in the customary law of intestate succession in Nigeria. It discovers that the various systems of intestacy under Nigerian customary law are in dire need of urgent reforms as these systems have become obsolete and are no longer in tangent with the changing society. The Constitution has to a large extent assuaged the successional disabilities that exist under customary law by prohibiting discrimination. It further points out that it is the judiciary that has been the major agent of development of customary law of intestacy and the driving force for upholding these sacrosanct provisions of the Constitution. This study shows that the courts have not hesitated to declare any obsolete custom relating to intestacy repugnant to natural justice, equity and good conscience. Also, international laws which affect intestacy under customary law indirectly are examined. This study recommends the amendment of Section 3(1) Wills Law, unification of Family Law, legislative/Affirmative Intervention, extension of Legitimacy Act to apply to Customary Law, restatement of Customary Law, statutory Enactment on the Duties of the Family Head, domestication of International Laws and involvement of Religious and Traditional Leaders. It concludes that the various systems of intestacy under Nigerian customary law are in dire need of urgent reforms as these systems have become obsolete and are no longer in tangent with the changing society. �

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urn:uuid:40115c5c-c798-4564-84ee-b97f91ed03fd