July 2026, Edition 4
In Part 1 of our Legal Insights Series, we explored how dying testate serves as an exercise of personal autonomy, offering a structured shield to safeguard assets and secure family stability through a validly executed Will. Yet, despite the clear legal protections a Will provides, a significant majority of Nigerians still choose or leave it to chance, leaving the administration of their estate to chance.
When an individual passes away without a valid Will, the person is said to have died ‘intestate’. What follows is not a peaceful transition of wealth but often a complex legal and administrative process in which the deceased’s intentions are replaced by statutory rules and customary principles, sometimes creating uncertainty, delays, bitter family disputes, and systemic vulnerability. This article deconstructs the chaos of legal silence in estate planning and the realities of dying intestate in Nigeria.
When a person dies without a valid Will in Nigeria, the distribution of their estate depends on the applicable succession regime, which may include statutory provisions, customary law principles, and the circumstances surrounding the deceased’s family and property.
If the deceased was married under the statute (i.e. in accordance with the Marriage Act), the Administration of Estates Law of the state where he/she lived will govern the administration of his estate. These laws typically favour the deceased’s immediate nuclear family. Extended relatives may have limited or no entitlement to the inheritance where immediate family members survive unless there is no surviving spouse or child at all. While this protects the immediate family, it often causes massive tension with extended relatives who expect to be included based on traditions and customs.
On the other hand, if a person only married under traditional laws or lived strictly under the native laws and customs of their specific ethnic group may take over. Some customary succession practices have historically disadvantaged certain categories of beneficiaries, particularly women and female children, although courts and legislation have increasingly challenged discriminatory practices. For instance, in some Igbo communities, traditional succession practices historically gave significant inheritance responsibilities to the eldest son (Okpala), particularly regarding family land. However, courts have increasingly scrutinised customary practices that exclude women or daughters from inheritance rights. Under this custom, widows and daughters are traditionally cut out from inheriting land directly, which can leave them in a very tough financial spot should the family turns on them.
Over in Southwestern Nigeria, among Yoruba customary succession practices, two recognised approaches that have historically influenced distribution are “Idi-Igi” and “Ori-Ojori.” Their application, however, depends on the facts of the family structure and the applicable customary principles. The first is called the “Idi-Igi” system, where the property is divided equally based on the number of wives. The second is “Ori-Ojori”, where it is split equally among all the children. To put that in perspective, if a polygamous man dies leaving four children with his first wife and only one child with his second, “Idi-Igi” would split the estate 50/50 between the two maternal lines. On the other hand, “Ori-Ojori” would divide it into five equal parts. Because the family has to choose between these two conflicting systems, it frequently sparks bitter, long-running lawsuits and conflicts that tear families apart for generations.
Most people view estate planning as a binary choice where you either die with a valid Will or die without one. Yet a precarious middle ground exists in partial intestacy. This occurs when a person leaves a valid Will that fails to distribute their entire estate, leaving specific assets completely unaccounted for.
This scenario typically arises when a testator acquires new assets after writing their Will but neglects to update the document. It also happens if the Will lacks a protective residuary clause to distribute unallocated property, or if a named beneficiary dies before the testator without an alternate being designated. This is why professionally prepared Wills often contain a residuary clause, a provision designed to capture any assets not specifically mentioned in the Will.
In Nigeria, this creates a frustrating hybrid crisis. While assets covered by the Will undergo standard probate, the remaining assets are treated under default intestacy rules. Gaining control of these leftover assets requires a separate, expensive application for Letters of Administration, forcing families to battle the court system even with a valid Will in hand.
Dying intestate (without a Will) often creates restrictions around accessing and transferring certain assets until legal authority is granted. Why? Some assets may continue operating: joint accounts may have different treatment, certain business arrangements may continue, and personal possessions may remain physically accessible. Banks block accounts, tenants are legally permitted to withhold rent, and corporate shares cannot be liquidated or transferred. Because no family member (including a surviving spouse or eldest child) holds automatic authority to manage the estate, the family must petition the High Court Probate Registry for Letters of Administration to break the deadlock.
This process is notoriously slow and expensive. For instance, disagreements among beneficiaries can significantly delay the appointment process of administrators. Any family factionalism can halt the application indefinitely, leaving assets to waste away.
Finally, the appointed administrators must secure an administration bond backed by two reliable sureties. These guarantors must own landed property within the court’s jurisdiction and legally pledge their personal wealth, swearing to be fully liable for the entire value of the estate if the assets are mismanaged or embezzled.
Many today own: private companies, shares, real estate portfolios, investment accounts, digital assets, and foreign investments. For entrepreneurs and investors, intestacy creates additional risks since intestacy laws apply modalities that ignore the practical needs of an active business or portfolio
Without clear succession arrangements, ownership interests, company shares, and investment assets may remain inaccessible or become subjects of prolonged disputes, potentially affecting employees, partners, and business continuity.
Dying without a Will is rarely a deliberate choice. It is usually just the result of putting off a difficult conversation for another day. But when an individual stays silent, the law and local customs step in to speak for the deceased, often making decisions that person would never have agreed to in life. Without the individual’s written words to guide them, the surviving family is left facing frozen bank accounts, locked properties, and deep divisions that can tear otherwise loving homes apart.
Getting access to the deceased’s assets without a Will is a notoriously slow and expensive nightmare that forces the grieving family and loved ones to go through unneeded red tape. Real estate planning is not actually about death at all. It is about protecting the living and making sure the people the individual cared about most are spared from unnecessary stress and systemic delays in their benefactor’s absence.
Estate planning is ultimately not a conversation about death; it is a commitment to responsible wealth transfer. A Will does not only determine who receives assets, it also reduces uncertainty, protects relationships, preserves businesses, and ensures that a lifetime of effort continues to serve the people and causes that mattered most.
