APPRAISAL OF LAW OF SUCCESSION IN NIGERIA: AN OVERVIEW

Abstract

of all persons do necessarily pass once, and frequently oftener, in every generation ". Succession affects everyone as all property must pass to someone else on death. This paper examines the laws of succession and it's practicability in Nigeria. It also looks at its twin regimes: testate and intestate succession and gives concise explanations on the various rule governing their applicability. Testate succession occurs when a person dies and leaves a will as their estate will be distributed as they bequest in the will while intestate succession occurs when someone dies without a will and their estate is distributed by the laws of intestacy. This paper further examines gift passed by wills, legacies, trusts, probate, Letters of Administration and many other concepts related to testate succession. It also looks into various customary law succession practices in some parts of Nigeria and it's defects and proposes certain recommendations to curb the lacuna of those laws. This paper on the law of succession has been provided also to enlighten the populace on the proper ways to distribute property at the demise of a person in order to curb disputes and conflicts that has been the order of the day in our society and to make the society a peaceful and better place for all to live in.