A critique of the legal and institutional frameworks for property succession in Nigeria

Abstract

The issues relating to property succession and succession law generally derive their origin from history. Just as it is with institutions such  as government or education, the study of history of the law may proffer explanations of how particular principles arose as soon as the  roots of the current law are identified. Life issues in succession today involve, for instance, the division of the deceased’s property on  intestacy. These are actions which are governed and guided by rules and procedure from time immemorial. Certain things have however  changed considerably. The distinctions between land and personalty, in particular, have become blurred in all areas of Law, so that most  people whose interest in land is in a family home, own what is technically an interest in money and not an interest in land as such. The  rules of inheritance of realty (land) and personalty have been aligned. The rise of commerce and increasing use of credit brought about  changes in the role of a deceased person’s personal representatives and their obligations to deal with his debts as well as his properties.  These issues therefore gave rise to the need for this research, for there to be a tailored provision of the Law whereby property depicted  as (realty) land are provided for and property described as personalty (other assets save land) are specifically provided for in our relevant  Laws. This work embarked on a critique legal and institutional frameworks of property succession in Nigeria with a view of improving the  laws relating to succession to property in Nigeria. The methodology adopted in this paper is the doctrinal research with descriptive, narrative and comparative analysis. Relevant materials were sourced from both primary and secondary sources that included statutes,  books, journals and case laws. The paper found that there are no severance and specifications in the provisions of our Laws with respect  to property which refer to realty (land) and personalty (other properties save land). It was also discovered that there is a lacuna in the Administration and Succession (Estate of Deceased Persons) Law 1999, with respect to devolution of intestate properties on a widow. The  paper therefore made some recommendations which include that the Laws relating to property succession in Nigeria should be  amended to include a different provision for succession to realty and personal properties of the deceased.