WINDOWS RIGHT OF INHERITANCE IN NIGERIA: Can a Next of Kin Bar a Widow From Inheriting?

📸: SheResonance
 

In Nigeria today, it is not unusual for the infamous 'Next of Kin' who is usually a parent or sibling to disinherit wives, and all these is predicated on a completely erroneous definition of what next of kin entails. 

About 2 months back, a distrust and exhausted widow came to me complaining about her in-laws. They took over her husband's estate and left nothing for her. She is single handedly taking care of the children she had with her late husband who are now in the university. 

In fact, she had to rent a house to stay because her mother in law rented out her husband's house and told her to hustle to take care of the children. She came, confused, asking "what rights do I have?"

This is the question plaguing may Nigerian women- unawareness of the rights they have.

Not just that, Some days back, a close relative of mine wanted to fill some employment form and when it was time to fill in the spot for next of kin, she called me to ask if she can use her husband's name and its legal implications.

I told her what I'd be telling you all today:-

"Next of kin means someone who makes emergency decisions for you if you're unable to do so. For instance, when you're in an accident or coma, your next of kin makes decision for your treatment, whether or not to keep you on Oxygen etc. It also means someone who would be reached if you can't be found. For instance, when you open a bank and use your sister's name as next of kin, if for any reason they can't reach you, they reach your next of kin (please note that the legal implications of next of kin varies between different jurisdiction and this post is based on Nigerian laws definition).

Further, I informed her that next of kin does NOT mean right of inheritance. THERE IS A DIFFERENCE BETWEEN NEXT OF KIN & BENEFICIARY. Here are some cases to give you a better insight 

In Joseph v. Fajemilehin O.O & Anor;the court held:-

Let it be placed on record that the term “next-of-kin” can be used in three senses. Firstly, it can be used to simply refer to the nearest blood relative or secondly, the person who to be notified in case of any eventualities of life such as an accident, emergency or death. Secondly, he may be required to make medical decisions such as providing information or consent for a person who is incapacitated or thirdly, the term can be used to refer to an heir. 

The meaning of Beneficiary on the other hand was also spelt out in Edem v. Etubom where it was held:- 

"The essence of spending precious time to write a Will is to indicate in very clear terms those who should benefit from the will. For a person to qualify as a beneficiary in a will or codicil, his name must be clearly spelt out"

It means for a person to have right of inheritance, a valid Will must EXPRESSLY name them as a beneficiary under the will. So they only way for a next of kin to become a heir or beneficiary is if a Will expressly names them as such.

This brings about our next question ❓

So what about a situation where the person dies without a Will, does the next of kin automatically inherits?

The answer is still NO!

Every state in Nigeria has what we call ADMINISTRATION OF ESTATE LAWS (AEL). This law governs the estate (property) of persons who died intestate (without a will). And these various laws have what we call ORDER OF SECESSION.

What this means is that, everyone has a right to prepare a will and decide who to inherit or disinherit, but if you do not, the provisions of AEL, Islamic of Customary law which governs estate of those who die without a will will apply by default 

And the AEL has order of secession which lists out the order in which surviving relatives will inherit. In most, if not all AELs in Nigeria, the order of secession is:

1. Surviving spouse (Wife or husband)

(if wife is not alive, then)

2. Children

3. Others (there's also an order for succession for them).

What this means is that, in most cases, wife and children (not parents, not siblings comes first in order of secession unless if he dies single, then next in line takes place.

The reason why this is so is because our society being patriarchal, every husband owes his wife a legal duty called DUTY OF ADVANCEMENT. What this means is that, he has a duty to advance or provide for you and the children and it is from this duty of advancement that flows your inheritance right as wife and child. 

Even in his death, he still owe you and the children a duty to advance you which is why his estate will be distributed to ensure that his surviving wife and children do not fall into penury. 

THIS DUTY OF ADVANCEMENT IS YOUR LEGAL ENTITLEMENT AS A WIFE, and your right of inheritance is not tied to whether or not you gave birth to a child or or gave birth to a son like so many traditional customs in Nigeria dictates. 

Nigerian still has an issue with widows impoverishment because many women keep losing their inheritance to so called next of kin. I am very particular about WOMEN'S PROPERTY RIGHT. Do not let anyone tell you that you don't have right to inherit as a wife

Even if you're governed by customary law, there are numerous court judgements that have held that, cultures that disinherit women have being held in numerous cases by the Nigerian Courts, to be unconscionable and invalid in Nigeria see the case of  Mojekwu v Mojekwu.

What should I NOT do if my husband died without a will?

1. Do not go and start crawling and begging your relatives.

While it is tidier and better if parties can amicably settle within themselves, however, however, if that is not the case, don't start grovelling on the floor. In fact, I've met women who strongly believe they have no right of inheritance they approached me because they just wanted a lawyer to pls put a letter prevailing on her husband's family on her behalf until I inform them of their 

2. Quit virtue signalling: A woman once approached me regarding the same issue of widow disinheritance. I noticed that subsequently, she started back pedalling and talking about how she's not there for the husband's money but the burden of children's school fees is heavy on her that's why she's speaking up. At her insistence, we wrote a letter to her in laws inviting them for amicable settlement before deciding to take matters to court, instead, they replied in an unpleasant way.

I told her "you don't have to prove anything to anyone. It's your right to inherit. And most importantly, you've made attempt to extend hands of friendship to them which they spurred. You don't owe them a duty to short change yourself in other to prove that you're not after his money"

And I'd say same to all women- you're not VIRTUOUS just because you allow others to walk all over you.

3. The God factor: Since we are a very religious country, it's not uncommon to hear widows say 'I leave it in the hands of God. God will judge'. 

God has already given you a way out, if you refuse to take advantage of it, there's nothing He can do for you.

To go a little spiritual, there this passage of the scripture I love so much where Jesus actually commended the Unjust steward and said "For the sons of this world are more shrewd in dealing with their own kind than are the sons of light" Luke 16:8. (Google define shrewd as having or showing sharp powers of judgement; astute). If you choose to let yourself to walk over when there's already a way out, I don't know what else you what God or karma can do for you.

4. Do not be that sister in law, mother in law or woman who takes part in disinheriting other vulnerable women. Even if it was done to you, end that circle.

Now that we've talked about what not to do, next question is:-- 

Then what should I do if my husband died without a will?

1. Brief a lawyer: "My people die for lack of wisdom" is the story of the average Nigerian who hates to pay for consultation so they suffer a whole lot more. I'm sure every Nigerian should know or have heard of the widow of a big name selling akara or other petty jobs because she was disinherited and didn't think she needed to lawyer up. 

If lawyering up is expensive, try the cost of not lawyering up.

2. Your lawyer files the necessary papers and informs the government of the death and estate. 

3. An administrator is legally appointed to see to the distribution of the estate based on the AEL.

Despite common practice in Nigeria where relatives sit together and distribute estate, the legal requirements is:- You're not supposed to deal with or distribute the estate of a deceased person without the involvement of the government even if a will bequeaths same to you as a beneficiary. You're still expected to file your probate (Yes, you heard that right!).

This is because you're also meant to pay off any debt the deceased might have incurred as well as pay tax on the estate BEFORE it is distributed, and there after, whatever property legally passes to you, the court gives you what is called a VESTING ORDER which basically transfers title of that property to you. The property will no longer be in the name of your husband but your name so you can use it for your benefit. Vesting order is also a legally recognised title of land document!

The law has made adequate provisions for your protection, TAKE ADVANTAGE OF IT. Stop the culture of crawling and begging for what is yours! Stop wallowing in penury while in laws squander what's yours.

I cannot capture everything there is to know about WIDOWS RIGHT OF INHERITANCE, hence the need to properly brief a lawyer. 

More so, I write for the non lawyers and in a way easily digestible to them because I believe the very first step to protecting yourself is to know- to know that you even have a right in the first place. 

Many women wallow in penury because they are not aware that they even have a right to begin with so how would they protect what they are unaware of? Now that you know, what steps are you taking to protect yourself? Do you know someone in this position, share it to them.

LASTLY, Cultivate the habit of paying for consultation. And I'm not saying this because I'm a lawyer, I also pay surveyors, doctors etc for consultation. You have no idea the problems your ignorance is costing you. 

My advice to women is ASSUME YOU HAVE A RIGHT UNTIL PROVEN OTHERWISE! I'm not saying we are there yet when it comes to full protection of women, however, you should navigate through life with the confidence that you have a right. Nigeria has more than 50 laws! You cannot be a PERPETUAL VICTIM BY DEFAULT in the midst of plenty!

Don't be the woman in that picture who is crying and praying over settled areas of law. Whatever GBV you're currently facing as a woman, millions have being there and they've taken steps to rectify it. Take advantage of the precedence they've set. Why are you navigating SHARED LIVED EXPERIENCES IN ISOLATION? 

Assume you have a right!

Pls do have a beautiful day.

If there are any topic you'd like us to touch, pls comment, like and share. 

                                  - Dogo Joy Njeb Esq

DOGO JOY NJEB Esq is a practicing lawyer and founder of SheResonance Awareness. She has worked with Legal Aid Council Nigeria and is a member of Federation of Female lawyers on Nigeria where she renders pro bono services to indigent persons. She is a private practitioner, a writer and an aspiring author. For any questions, contact her on Facebook, Instagram, LinkedIn, tiktok, x, or send a mail to sheresonance@gmail.com