Nigeria is composed of more than 300 ethnic groups, the largest of which are the Hausa, Igbo, and Yoruba. Other than the Hausa which mostly practices Sharia law, each ethnic group has a system of customary law, although variations are noticeable among communities in these groups meaning that there is no uniformity in inheritance laws in Nigeria. This explains why most states in Nigeria have, as much as possible, try to enact their own laws relating to inheritance.
It is also important to note that Nigerian society has a strong culture of male dominance. In Edo state, for instance, this has been given judicial force and voids any will that transfers certain assets to beneficiaries other than the first male child.
Similarly, in Nigeria, most households are centered around a well-connected kinship. The fathers, as sole breadwinners, are oftentimes left under the illusion that their family and kinsmen will be reasonable enough to share their assets in such a way that all members of their family would be treated well after their demise. To them, there is no need to write a will as the interests of all their family members would be adequately taken care of by their surviving brothers or eldest son. Sadly, experience has shown that even children of same parents hardly agree on how the asset of their deceased father is shared not to mention the involvement of brothers to the deceased, which often makes matters even worse.
While they wallop in this ignorance, death strikes; with no will or any form of estate plan, their wives and children are, oftentimes, subjected to dehumanizing practices and estate (property) grabbing. Also, there are communities where only the brothers of the deceased or his maternal uncles are allowed to inherit his assets to the exclusion of even his wife and children irrespective of gender. In Igbo land particularly, the female is sometimes excluded from benefiting from their father’s estate upon his demise in the name of custom and tradition. So, people who belong to these societies do not bother leaving behind a will because, for them, tradition would take care of their estate and those left behind. Sadly, they do not, in the process, put in place any form of estate plan to safeguard their loved ones but expose them to untold hardship when they are long gone.
Unaware of the consequences of not having a will. A popular misconception among Nigerians is that once I have indicated a Next-of-Kin in my documents, that is my chosen heir. Unknown to many, a named next of kin is merely the first point of contact and information, empowered to make decisions for you in case of an emergency only. He may or may not be a beneficiary of your estate. For instance,
in case you become temporarily incapacitated, the Next-Of-Kin can make medical decisions for you during a medical procedure. Thus, the Nigerian conception of the term ‘next-of-kin’ as beneficiary is erroneous. Having clarified this misconception, we encourage workers contributing to pensions under the Contributory Pension Scheme to write a will as required by section 8(2) of the Pension Reform Act, 2014 (as amended) and not to rely on the false premise that the named Next–of-Kin on the pension documents would step in as beneficiary when they die.
Written By Bunkaya Gana (MD Greenwich Trustees Limited)