Philosophers have said that there are two certainties in life i.e death and taxes. Our concern here is death and the devolution of properties at death. If a person has left a will ot the time of his or her death, it is said that the epreson died testate and his properties will be distributed in accordance with the will. In otherwords, the wills Act and Wills law of various states all govern the distribution of the properties of the deceased.
All that is done is to give effect to the intention of the testator or the maker of the will. On the other hand, where a person dies without a will intestate succession or the devolution of his property involves three systems of laws:
Common Law, Administration of Estate Law of various states and customary laws:Nigeria is comprised of many ethnic groups. In other words different laws govern the principles of inheritance and succession depending on the community
Where a deceased lived outside his home state and he left behind landed properties, it is the personal customary laws of inheritance that shall be applied to the distribution of his landed property . Thus the lex situs rule under Nigeria Land law is displaced see I.E Sagay, Nigerian Law of Succession.
- Estate Succession: As stated earlier, a will is described as any document through which a person disposes his property real or personal, with the caveat that, it becomes effective or operational only upon his death, all rules scrupulously formulated to ensure the testator freely, soundly and capably made the disposition having been complied with. The duties of both the Administrator and Executors of the Estate of a deceased person are all regulated by laws.
We also institute actions in the court where there is a challenge from any person to the Estate of the deceased person.