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By Emman Ovuakporie
It is inappropriate for a husband to inherit his wife’s properties after her demise as contained in Urhobo Customary Law, Dr Linda Binitie Cassidy has said.
TheNewsGuru.com, TNG reports that the age long custom of the Urhobos in Delta State that allows husbands to inherit their spouses properties instead of her children as inappropriate or appropriate.
Speaking at an international webinar organized by the Urhobo Rennaissance Society, URS, entitled: ‘Administration of Estate Under Wills Law & Urhobo Customary Law of Inheritance’ Binitie Cassidy a discussant at the webinar said:
“Our customary law that allows a husband to inherit a wife’s properties after her demise is inappropriate and that there’s need for it to be adequately addressed to right the wrong particularly in a polygamist home.
She drew applause from the participants when she further raised some posers such as the issue of gates for married women, the issue of a first son holding trust on behalf of the children of other women’s children.
She also asked why is it that a married woman cannot inherit her husband’s properties except for her children but her husband can inherit her properties if she dies.
Cassidy explained that these are the issues we should be looking at in this webinar.
Another participant also declared that customs and culture are meant to be dynamic not static.
However,Professor Ben Oghojafor a discussant at the well attended webinar in response to most questions raised, professionally answered all one after the other.
Hear Him:
Question 1. Can a registered Will be challenged? On what grounds can a Will be challenged?
Answer: A registered Will can be challenged. The grounds include: Fraud, mental incapacity, undue influence, violation of statute or customary law – especially where a custom forbid disposition of certain
estate. See Odutola v Mabogunje (2013) Supreme Court
Question 2. If a Will goes contrary to traditional laws and Customs, which one takes precedence. For example, the law approves a woman to benefit from the Testator’s estate contrary to some Customs and tradition.
Answer: It depends on the State Law of the place where the testator lives. But in case of women inheritance, the law supercedes the Custom. See Ukeje v Ukeje (2014) Supreme Court
Question 3. On what grounds can a Will be void or set aside.
Answer: Grounds for setting aside a Will are similar to the Question one above. That is: age, mental incapacity, undue influence, fraud, drunkenness, blindness, illiteracy, etc or any other ground stated In the Law of the State that the testator lives. See Adesubokan v Yinusa (1971) Supreme Court
Question 4. When is the appropriate time to write a Will? How can one go about it: appointing an Executor, making codicils, registration, execution etc.
Answer: (a) A person who is 18 years and above is qualified to make a Will; provided the person has assets that are capable of disposition.
(b) You go about writing Will by consulting a solicitor or any other person authorized by law to write
Will for others.
(c) An Executor of a Will may be appointed in the following ways:
i. Express Declaration in the Will
ii. Implied or by operation of law – Example, see section 5 of the Administration of Estate Law
of Lagos State 2015
iii. By the Court
iv. Under Power of Attorney
v. By Substitution Executor
(d) A codicil is a subsequent Will, which expressly or impliedly revokes another existing Will. It must
fulfill the same conditions as any other Will.
(e) Registration is by complying with the requirements of the Probate Division of the High Court
(f) Execution is may be directed in the Will and the Court Order for the administration
Question 5. What happens if the Executor predeceases the Testator.
Answer: Appoint a substitutional Executor
Question 6. Can a Testator will all his entire estate to a church or an NGO when he has a family (wife and children)?
Answer: Depends of the Will’s Law of the State where the testator resides. In Lagos State, a testator
CANNOT. See section 2 Will Law Lagos State. Similar provisions in Oyo, Abia, Anambra, Jigawa States
etc.
Also can a wife Will her property to her family before marriage if she had no child in the marriage and the husband is a polygamist?
A property acquired before marriage is not a marriage estate unless the women so decides.
Question 7. Can a Testator Will his certificate and throne to his child?
Answer: This is subject to Customary Law of the testator. If it is permitted, he can but if it is not permitted, he cannot.
Question 8. Can a child born outside wedlock (illegitimate child so to say) and his mother benefit from a Will?
Answer: There is no illegitimate child in Nigeria. see section 42 of the Constitution 1999 (As Amended).
Question 9: On Will execution, I will want to know:-
Who can be appointed an Executor.
Answer: Persons that may be appointed as Executors include: Trust Corporations – e.g Banks; Professionals Solicitors and Accountants
Question 10. Execution process for identifying all the Deceased Assets and Liabilities (cash/bank accounts balances, debtors/creditors, family ties/relationships, associations as alumni, clubs, NGOs, URS etc obligations and benefits etc)
Answer: Appointment of Executor presupposes the existence of a Will. A valid Will must disclose with Certainty the estate of the testator and the beneficiaries or means of identifying the beneficiaries. The duty of the Executor is to search and identify the estate. Where the Executor cannot identify, he may apply for assistance from the Court.
Question 11. Dealing with objections to the Will if any.
Answer: Dealing with objections in the Will is through Court proceedings
Question 12. Dealing with traditional or religious beliefs
Answer: It can be done through appointment of special Executors with knowledge in traditional and religious beliefs.
Question 13. Release of the Executor.
Answer: Release of Executor is by death or renunciation.
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