Will sharing in Yoruba land?
In Yoruba land, distribution of a deceased estate, who dies without a valid Will, is per stripe aka (idiigi). The properties will first be divided equally by the number of wives, and then the share due to each wife will be sub-divided equally among her own children.
What are customary laws in Nigeria?
Customary Law, Social Development and Administration of Justice in Nigeria. Customary law is the law that captures the norms, traditions and rules of behaviour of the people. It is the law propelled by the worldview, beliefs, philosophies and value system of the people.
What is Idi-IGI and Ori Ojori?
In Idi-Igi, the deceased’s property is distributed per-stripes in a situation where the deceased has more than one wife. In Ori-Ojori, the distribution of the deceased’s estate is done per capita. Here, there is a direct distribution of the property among the children of the deceased equally.
Can an individual inherit land under customary law?
The general rule of customary law where a land owner dies intestate is that his self-acquired property devolves on his children as family property. 10 The head of the family is the eldest male child of the deceased who occupies the family house and holds same as a trustee of the other children, male or female.
What is customary succession law?
The law of succession therefore is all about the transfer or devolution of property on the death of an owner to another, his heir3. The law is the rule by which such devolution occurs. Intestate Succession can be divided into Intestate Succession (Non Customary) and Intestate Succession under Customary Law.
What is inheritance law?
Inheritance is a convention of passing or rather transferring properties, titles, debts, rights, and obligations to the legal heir of a person upon his/her death. It can be done by either a will or through laws of succession. Legal owners have to go through legal formalities to acquire the ownership of their property.
What does customary law mean?
” ‘Customary law’ means any rule or body of rules whereby. rights and duties are acquired or imposed, established by usage in.
What are the features of customary law?
SALIENT CHARACTERISTICS OF CUSTOMARY LAWS Customary law has several features which include inter alia: 1 It is largely unwritten 2 It is accepted as binding in the society. 3 It differs from tribe to tribe i.e. it is not uniform 4 It must be in existence at the material time.
What is Idi IGI in English?
IDI-IGI. The second method of distribution is known as idi-igi (per stripes). In a situation where the deceased have more than one wife, the idi-igi method is usually used as each wife representing one Igi meaning BRANCH.
Can an illegitimate child claim inheritance in Nigeria?
The effect of Section 42(2) of the 1999 Constitution of Nigeria (As Amended) is that it has conferred equal Succession/Inheritance rights on the illegitimate child and the legitimate child. It is for this reason that an illegitimate child cannot be robbed of his right to inherit his from father’s estate (property).
Does an adopted child have inheritance rights in Nigeria?
If the parent do not leave a will or wills, the adopted child will have the same legal rights to inherit from their estate as any biological child would have.
How is succession determined in Yoruba customary law?
In determining succession under the Yoruba customary law, the status of the properties comes into play. When a property is regarded as family property, it devolves in the eldest son of the deceased who assumes the shoes of his father as the family head (Dawodu) and manages it in trust for his younger siblings.
What is Bini customary law in South Africa?
The Bini customary law encapsulates the patrilineal system upholding the primogeniture rule which in most cases causes the eldest son to inherit certain properties of the deceased exclusively while other children of the deceased are entitled to the distribution of the remaining estate.
What is the Yoruba woman advised to do about this practice?
The Yoruba woman is advised to continue the fight against this practice until our courts changes it.
Who inherits the estate of a deceased person under Yoruba law?
Formerly, under the Yoruba customary law, the elder brother of the deceased inherits the entire estate to the exclusion the wife and his children. However, due to judicial efforts, the practice has been stated to be repugnant to natural justice, equity and good conscience. ( Adeseye v Taiwi [1957] 1 FSC ).