Where a married person dies intestate (without a Will) the law to be applied is said to be his “personal law”

What will amount to his personal law will be gleaned from how he lived his life. There are two broad categories of law on this Statute/Common law vs Customary/Islamic law

Generally, if the deceased was married under the Marriage Act the law to be applied will be the relevant statutory law or Common law where no local statutes exist.

It is a residual matter over which all levels of government can make laws. A good number of states have legislations regulating qualification for and scheme for distribution of and benefiting from a deceased property-owner’s estate.

Specifically, there are Administration of Estates Laws of states created out of the former Western Region. In the states under the former Eastern Region there are also similar laws e.g. the Administration and Succession (Estates of Deceased Persons) Law of Anambra State. A number of other states rely on English statutes and the Common law.

The manner of division of the deceaseds estate will be in accordance with the above laws and the circumstances of the case in question determines the formular to be used.

For instance, Section 49 of the Administration of Estates Law of Lagos State, provides (in summary) that the estate of a person who died intestate shall be distributed in the following manner: the surviving husband or wife shall take the personal chattels absolutely and in addition shall be entitled to the value of one third (⅓) of the estate.

However, where the deceased spouse was not married under the Marriage Act (or where written laws fail), the principles of customary law apply. The customary laws of succession govern persons who were subject to the native law and custom of their community before their death. It is necessary to note that customary laws differ from place to place.

Where the person was a Muslim, Islamic law applies.

Jimmy Abia, Esq

12/03/2021

d, BOSAN mourns