Wills, customary and religious laws

From Today, We will be considering A situation by which A will East do Or there are established customs concerning Succession In rooms of Nigeria. We will to start Since THE western Nigeria.

South West

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I am not aware of any of them restriction on Wills as far as THE South Western Nigeria East concerned. As long as THE Will East In compliance with THE Law THE Court will pronounce he valid.

However, he do not mean that Wills will not be disputed by THE Beneficiary And other people interested In THE domain but there East No specific custom restrict Succession by Will In THE Western part of Nigeria.

There to have has been case Or THE First of all born has has been disinherited In THE Will And THE Court confirmed THE validity of THE Will.

Below THE Yoruba Customary Law all THE children of THE deceased can to inherit THE domain of THE deceased. He do not discriminate against THE children born out marriage.

However, if there East A Will In which a few children are expressly disinherited he will be confirmed by THE Court. THE Yoruba Customs do not discriminate against genres.

Will below Benign personalized

THE customary law East GOOD established that THE First of all son of THE testator East titled has to inherit THE House Or THE testator hiring And deceased. Such Houses are referred has as 'Igiogbé'.

This East recognized by Section 3 of THE Wills Law of Edo State which provides "topics has any of them Customary Law relative to that, he duty be legitimate For each person has disappearance, bequeath Or dispose by her Will accomplished In A manner below required all real And staff; domain which he duty be titled to…”

In THE case of Arase v. Flatten it Supreme Court detained "Below THE Bini Native Law And Custom THE elder son of deceased East titled has to inherit without question THE House Or Houses known as 'Igiogbé' In which THE deceased/testator lived And deceased. This A testator can't validly dispose of THE 'Igiogbé' by her Will except has her elder son survivor male child. Any of them design of THE Igiogbé has any of them other person East null.

He should be note that THE correctly will not automatically pass has THE elder son on THE disappearance of THE father but After THE completion of THE second funeral known as “Ukpomwan” which East funeral funeral by members of THE deceased family For THE elder son has request. He East only After This ceremony that First of all son can to inherit THE Igiogbé.

THE father can TO DO A Will And design her properties has anybody he love but he can't design THE Igiogbé has anybody except her elder son Otherwise THE design will be empty In respect of THE Igiogbé only, However other rooms Will will be confirmed by THE Court. This East A situation by which THE Wills Law has has been submitted has THE customary; This has has been possible because THE customary law has on THE years pass THE test of THE repugnance doctrine.

We will be look has legacy below THE customary law of THE south East part of Nigeria, with relevant superior courts the decisions In THE following editing. We can't TO DO that NOW because I TO DO not to want he published In fragments SO A drive can follow he logically. I wish has appreciate a few of My learned colleagues that to have contacted has TO DO A Or two comments.

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Keywords: lawsTestaments