By Olumide Babalola

The caption of this article was inspired by a 2013 movie (12 years a slave) where an African man who was kidnapped and sold into slavery in the US constantly struggled to regain freedom for 12 years. While enacting most Nigerian laws, we continue in our somewhat ‘slavish’ adherence to some English tenets which are incompatible with our culture and in some cases, we appear indifferent about gaining legislative freedom from some of our inherited or received English legal principles.

This article focuses on how a certain provisions of the ‘inherited’ and unrevised succession law in Lagos State interferes with the constitutional right to private and family life. I have not checked the Wills Laws of other States to confirm whether they have similar provisions, but section 11 of the Wills Law of Lagos State intriguingly provides that: “Every will made by a man or a woman shall be revoked by his or her marriage (other than a marriage in accordance with Customary Law) except…”

This provision was imported or inherited from the English Wills Act 1837 – a period of 186 years ago. For the avoidance of doubt, section 18 of the Act provides that: “Every will made by a man or woman shall be revoked by his or her marriage…”

For proper context this, this provision was enacted as a shield to protect women from the medieval English culture that automatically converted women’s properties into their husbands’ upon marriage. Dr Juliet Brook, an associate professor at the University of Reading, elaborately captures the historical reasoning behind the rule thus:

“At the time of the enactment of the Wills Act 1837, the status of a woman changed fundamentally on marriage. She became a feme covert, with her property becoming that of her husband. Following her marriage, she could only make a will of personality if her husband consented to its terms, and any will of land made by a feme covert was void by statute. Due to the much-reduced property ownershiprights that came with the status of being a feme covert, it was not possible for a will made prior to her marriage to continue as a valid will after the marriage and a woman’s will was therefore revoked on marriage.” (See Brook, J. Automatic revocation of a will on marriage – a rule that is past its use-by date? Private Client Business, 2024 (1). pp. 20-27).

Happily, the United Kingdom is currently engaging stakeholders on the necessity to review the oppressive provision that has now become a tool of predatory marriages. (see Law commission considers wills and predatory marriage – does the law need to change?