MANAGEMENT AND CONTROL OF THE DECEASED ESTATE PRIOR TO SHARING IN NIGERIA: CRITIQUE OF THE LEGAL DIALECTICS OF SUCCESSION

Abstract

The article examines the management and control of the deceased estate prior to sharing in Nigeria and further critique the legal dialectics of succession rules in Nigeria. The position of the female child under the Yoruba, customary law of succession modes of distribution of property under Yoruba, customary law of succession the rights of spouses, illegitimate children and other blood relations of deceased intestate vis-à-vis their discriminatory property inheritance rights under the Yoruba customary law. The rules of succession under customary law are as varied as the ethnic groups that are found in Nigeria. Over the years, various customary rules of succession have been used in Nigeria, when an issue of intestate succession is in question. The objective of the article is to critically examine how the personal law of the individual governs his domestic affairs having subjected himself to such laws. The article concludes and recommends that the Wills Act should enact a provision recognizing the inheritance rights of any child in the wombat the date of the testator’s death who is born alive after the testator’s death as it is in the intestate and dependents reliefs legislation.